The URL can be used to link to this page

Home My WebLink About99-1116 99-1116.txt No.(21) COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO (NOVEMBER 16, 1999) MAYOR Hon. Anthony M. Masiello COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charley Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS ALFRED T. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY BYRON BROWN - MASTEN ROBERT QUINTANA - NIAGARA DALE ZUCHLEWSKI - NORTH DENNIS T. MANLEY - SOUTH KEVIN J. HELFER - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Beverly Gray, Chairman, Alfred T. Coppola, Kevin J. Helfer, Dennis A. Manley CLAIMS COMMITTEE: Robert Quintana, Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara Miller-williams, Members COMMUNITY DEVELOPMENT COMMITTEE: Dale L. Zuchlewski Chairman, Byron Brown, Richard A. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller- Williams Members Page 1 99-1116.txt FINANCE COMMITTEE: David Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley, Dale Zuchlewski Members. LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, Richard T. Fontana, Kevin J. Helfer, Rosemarie LoTempio, Robert Quintana, Members RULES COMMITTEE: James W. Pitts, Chairman Kevin J. Helfer, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Richard Fontana, Chairman, David A. Franczyk, Beverly Gray, Kevin J. Helfer, Barbara Miller-Williams, Dale Zuchlewski Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard T. Fontana, Beverly Gray, Kevin J. Helfer BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , Alfred T. Coppola, David Franczyk, Kevin J. Helfer, ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard T. Fontana, Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana POLICE REORGANIZATION COMMITTEE: Robert Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie LoTempio, Dennis A. Manley CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, (NOVEMBER 16, 1999) AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Brown, Coppola, Fontana, Franczyk, Gray, Helfer, Fisher, Manley, LoTempio, Pitts, Quintana, Williams and Zuchlewski - 13 ABSENT – 0 On a motion by Mrs. LoTempio, seconded by Mr. Fontana, the minutes of the stated meeting held on November 3, 1999 were approved. FROM THE MAYOR NO. 1 APPOINTMENT &REAPPOINTMENT OF MEMBERS TO THE HOME IMPROVEMENT ADVISORY BOARD Pursuant to the powers vested in me by Chapter Page 2 99-1116.txt 144-6 of the Buffalo Code, I hereby appoint and reappoint the following individuals as members of the Home Improvement Advisory Board: APPOINTMENT: Oscar Hernandez 69 Shoshone StreetBuffalo, 14214 Mr. Hernandez has owned and operated Alladin Development and Construction Company at 484 Niagara Street for ten years. He was born in Puerto, raised in Buffalo and is a Vietnam War Veteran. His term will commence immediately and will expire January 2, 2002. REAPPOINTMENT: Frank Lopez 311 Starin Avenue Buffalo, 14216 Mr. Lopez's term will continue as originally appointed and will expire January 2, 2002. Paul Leone 86 McKenzie Court Cheektowaga, 14227 Mr. Leone's term will continue as originally appointed and expire January 2, 2002. I hereby certify that the above named individuals are fully qualified to serve as members of the Home Improvement Advisory Board. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATI0N COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLER NO.2 RE-APPOINTMENT OF MEMBERS TO THE CITY PLANNING BOARD Pursuant to the powers vested in me Section 316 of the Charter of the City of Buffalo, I hereby re-appoint the following members to the City Planning Board for a term commencing immediately and will expire October 9, 2002: Michael G. Lyons 29 Wright Avenue Buffalo, NY 14215 Cynthia Schwartz 833 Auburn Avenue Buffalo, NY 14222 I hereby certify that the above named individuals are fully qualified for reappointment to the City Planning Board. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLER NO. 3 1999-2000 SNOW PLAN I am pleased to present the City of Buffalo snow plan for the 1999-2000 winter season to the Common Council. With the continuing cooperation of the Council, my administration has been able to clear our streets of snow in a timely and cost effective manner. New equipment has been added, and older equipment has been rehabilitated. With the pending implementation of a new "odd/even" snow removal strategy, we are prepared to streamline our snow removal effort throughout the City's residential neighborhoods. An explanation of the strategy is contained within the snow plan. Last winter proved that a protracted blizzard can and will push City resources to their maximum effectiveness. Nevertheless, I am proud of the collective effort all City employees put for-ward in battling the inclement conditions. I submit this plan to you with the assurance that we are prepared for whatever Mother Nature brings our way. Page 3 99-1116.txt REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF STREETS FROM THE MAYOR-EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 4 J. SCHERZER 510 DELAWARE AVENUE 12 ROOFTOP ANTENNAS ITEM NO 66-CCP 11/3/99 The City Planning Board at its regular meeting held Tuesday, November 9, 1999, considered the matter captioned above pursuant to Section 511-158 of the Buffalo Code, Restrict use permits, Telecommunications Towers. The applicant seeks to erect 3 groups of 4 antennas on the roof of a 5 story located at 510 Delaware Ave. The application also involves the removing of dish antenna. Under SEQR the proposed antennas are considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed antennas with the following conditions: 1. Approval from the Office of Telecommunications. 2. Approval from the Preservation Board, if necessary. 3. The material of the antennas and antenna structure blend with the surrounding skyline. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 5 420 LINWOOD AVE. NEW DIRECTIONS HUMAN SERVICE FACILITY ITEM NO. 62, CCP 11/2/99 The City Planning Board at its regular meeting held Tuesday, November 3, 1999, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert an existing 3 unit multiple dwelling into a Human Service Facility with offices and one apartment at 420 Linwood Ave. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate to the Common Council a finding of concentration of similar uses within a 'i mile radius of the proposed site. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 6 D. BRAASCH 49 LEDDY ST. ITEM NO. 83, C.C.P. 9/21/99 The City Planning Board at its regular meeting held Tuesday, November 3, 1999, considered the matter captioned above pursuant to Section 511-67 of the Buffalo Code, Buffalo Coastal Special Review District. The applicant seeks to use a vacant lot located at 49 Leddy St. as a material staging area and concrete crushing operation. The applicant has withdrawn the request to include the concrete crushing component from this application. Under SEQR the proposed material staging area is considered a Type 1 action requiring coordinated review. The City Planning Board referred this item to the Page 4 99-1116.txt Environmental Management Commission for their review and comments. Upon receiving a report from the EMC advising the Planning Board of potential concerns that relate to adjoining parcels and uses, the Planning Board voted to deny the application for the proposed use of 49 Leddy St. as a material staging area. RECEIVED AND FILED. NO. 7 HSBC 306 W. FERRY ST. HANDICAP RAMP ENCROACHMENT ITEM NO. 22, CCP 11/3/99 The City Planning Board at its regular meeting held Tuesday, November 9, 199, considered the matter captioned above pursuant to Section 413-59.1 of the Buffalo Code, Handicap Ramps. The applicant seeks to encroach the right of way with the construction of a 23’ handicap ramp at 306 W. Ferry St. that will encroach the right-of-way by 5’ . Under SEQR the proposed encroachment is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed handicap ramp encroachment. RECEIVED AND FILED. FROM THE COMPTROLLER NO. 8 CERTIFICATE OF NECESSITY CAPITAL BUDGET AMENDMENT AUTHORIZATION FOR ADDITIONAL CAPITAL INDEBTEDNESS We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to July 1, 1999 for the ensuing fiscal year, by adding the following items: Capital Projects Division of Buildings Renovation of Precinct 411 ("C" District) $150,000 "B" District Police Building $500,000 Dated: Buffalo, NY, November 15, 1999 RECEIVED AND FILED. NO. 9 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND COUNTY OF ERIE FOR USE OF A PORTION OF FORMER SCH. #29 2193 SOUTH PARK (ERIE COUNTY LEGISLATOR MICHAEL FITZPATRICK) ITEM NO. 16, C.C.P. 1/20/98 Pursuant to Item No. 16, C.C.P. 1/20/98 Your Honorable Body authorized to enter into a lease agreement between the City of Buffalo and the County of Erie for use of a portion of former School #29 located at 2193 South Park. This lease was for a two year period commencing on January 1, 1998 and expiring on December 31, 1999. The Comptroller's Office, Division of Real Estate, has received a copy of a letter to Michael Risman from Page 5 99-1116.txt Laurie A. Manzella, Clerk of the Erie County Legislature on behalf of Michael Fitzpatrick requesting to renew their lease agreement. They are requesting to renew this lease agreement under the same terms and conditions as their current lease with the exception of the lease period, which will commence on January 1, 2000 and expire on December 31, 2001. This office recommends that Your Honorable Body renew their present lease agreement for an additional two year period to commence on 1/1/2000 and expire 12/31/2001. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. That the above communication from the Comptroller dated November 4, 1999, be received and filed; and That the Comptroller be, and he hereby is authorized to renew a lease agreement between the City and the County of Erie, for use of a portion of former School 429 located 2193 South Park for an additional two (2) year term commencing on January 1, 2000 and expiring December 31, 2001. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. Passed AYES-13. NOES-0. NO. 10 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND LAMAR OUTDOOR ADVERTISING FOR VARIOUS BILLBOARDS LOCATED ON CITY PROPERTIES ITEM NO. 139, C.C.P. 7/21/98 Pursuant to Item No. 139, C.C.P. 7/21/98, Your Honorable Body authorized a three (3) year lease agreement between the City of Buffalo and Lamar Outdoor Advertising for the use of various city owned properties for the erection of billboard advertising. This lease agreement commenced on November 1, 1996 and expired on October 31, 1999. The Comptroller's Office, Division of Real Estate, has received a request from the Lamar Outdoor Advertising requesting to renew their lease agreement. They have agreed to increase the rental cost from $865 to $900 per poster face for 16 - 12'x 25' billboards and increase from $2,101 to $2,500 for one bulletin face 14'x 48' for a total of Sixteen Thousand Nine Hundred Dollars ($16,900.00) per year. All other terms and conditions of said lease shall remain the same. This office recommends that Your Honorable Body renew their present lease agreement for a three-year period (3) year period commencing on November 1, 1999 and expire on October 31, 2002. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 11 USE AGREEMENT BETWEEN THE CITY OF BUFFALO AND DEPT. OF MEDIA STUDY, AT SUNY UNIVERSITY AT Page 6 99-1116.txt BUFFALO FOR USE OF THE FORMER ASBURY CHURCH 341 DELAWARE AVENUE The Comptroller's Office, Division of Real Estate is in receipt of a copy of a letter that was sent from SUNY University at Buffalo to Mr. David Granville, Executive Director of Buffalo Arts Commission requesting to use the former Asbury Church for temporary student artworks Ms. Caroline Koeble, Lecturer, Dept. of Media Study at SUNYAB is requesting to use the former Asbury Church for temporary student artworks. She has indicated that the students are part of a new course on Installation Art, offered through both Departments of Media Study and Art. The students will tour the site and create over a few weeks site-specific installations (sculptural art works in situ) on the premises. Their activities will commence with a period during which the installations will be on view for those interested (details of which are yet to be determined-could be a single day or several days). The Buffalo Arts Commission has requested that this office file a communication with Your Honorable Body requesting approval for SUNYAB to use the former Asbury Church for temporary student artworks. The class would like permission to access the site as soon as all necessary agreements have been made through Monday, December 20, 1999. The Comptroller's Office, Division of Real Estate, has discussed several issues with the Buffalo Arts Commission and it has been determined that providing Your Honorable Body approves this Use Agreement that the agreement include but not be limited to the following terms and conditions: 1 .SUNYAB would responsible for the cost of any utilities that will be required to be turned on. This shall include but not be limited to any maintenance or repairs needed to make the utilities operational. This office makes no warranties as to the operation of any of the utilities. This is due to the fact that there are no utilities turned on in the building presently. 2.SUNYAB will also be responsible for any maintenance and/or repairs that will be necessary during the term of their use agreement. 3.The rental fee shall be One Dollar ($1.00) per year. 4.SUNYAB shall provide insurance saving the City harmless from any liability, as set forth per Item #197, C.C.P. 3/31/87 - Insurance Requirements for lease of city-owned properties. This office recommends that Your Honorable Body approve the Use Agreement, which shall run through December 20, 1999. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mrs. Lotempio moved: That the Division of Real Estate be and hereby is authorized to enter into a Lease Agreement between the City of Buffalo and the Department of Media Study at SUNY University at Buffalo for the Use of the former Asbury Church at 341 Delaware Avenue, pursuant to the terms as listed above; and; That the Corporation Counsel be and he hereby is Page 7 99-1116.txt authorized to prepare the necessary documents to renew said lease and the Mayor be authorized to execute the same. PASSED AYES - 13 NOES - 0 FROM THE COMMISSIONER OF PUBLIC WORKS NO. 12 REPORT OF BIDS KLEINHANS MUSIC HALL - PHASE 813 RESTORATION AND REHABILITATION ELECTRICAL CONTRACT I advertised for on October 12, 1999 and received the following sealed formal proposals for Kleinhans Music Hall, Phase 813, Restoration and Rehabilitation, Electrical Contract, which were publicly opened and read on October 26,1999. Goodwin Electric $40,994 Frey Electric $46,494 Tunney Electric No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that Goodwin Electric, in the amount of Forty Thousand Nine Hundred Ninety Four and 00/100 Dollars ($40,994. 00) is the lowest responsible bidder in accordance with the plans and specifications. Total estimate for this work was $50,000. 1 recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work are to be charged to CPF 30337106 445100 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated October 26, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Kleinhans Music Hall, Phase 8B, Restoration and Rehabilitation, Electrical Contract, to Goodwin Electric, the lowest responsible bidder, in the amount of $40,994. Funds for the project are available in CPF 30337106 445 100 - Division of Buildings. Passed. AYES-13. NOES-0. NO. 13 BUS ACCESS WATERFRONT SCHOOL ITEM NO. 142, CCP 11/3/99 This is in response to the subject item which was referred to our department. Please be advised that our department has previously provided design change information to the contractor working at the site. The turning radius on the northwest corner of Niagara and Carolina Streets will be increased to 30'. A site inspection on November 10, 1999 revealed that the curb work is in progress. In order to revise the radius to 30', it was necessary to relocate street lighting, sewer receiver, traffic signal pole, water service box and a payphone. We would anticipate that all work will be complete in the next 7-10 days. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 14 Page 8 99-1116.txt CHANGE IN CONTRACT APOLLO THEATER RENOVATION GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Apollo Theater Renovation, General Construction, C. Nichter Inc., C #91980200. 1.Increase the size of the two (2) message boards at the request of the project architect. Add$ 24,687.00 2.Install porcelain tile floor in the entrance and vestibule area. Add $ 2,500.00 3.Install 24" x 36" mirrors in dressing rooms 9A & 9B. Add $ 357.00 The foregoing change results in a net increase in the contract of Twenty Seven Five Hundred Forty Four and 00/100 Dollars ($27,544.00). Summary:Original Amount of Contract $1,902,230.00 Change Order #1 (CCP 4/6/99; item #29) Add $ 161,840.00 Change Order #2 (CCP 6/29/99; item #28) Add 12,727.00 Change Order #3 (CCP 9/7/99; item #23) Add 40,534.00 Amount of This Change Order (No. 4) Add $ 27,544.00 Revised Amount of Contract $2,144,875.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, P.C.) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in 30332806 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated October 28, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 4, to C. Nichter, Inc., an increase in the amount of $27,544.00, as more fully described in the above communication, for work relating to Apollo Theater Renovation, C #91980200. Funds for this project are available in 30332806 445 100 Division of Buildings. Passed AYES-13. NOES-0. NO. 15 CHANGE IN CONTRACT DELAVAN MOSELLE COMMUNITY CENTER GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Delavan Moselle Community Center, General Construction, Picone Construction, C #92010071. 1. Remove the existing sub-surface infill remaining from the demolition of former School 23 and backfill with approved recycled concrete to establish a proper subbase for the floor slab construction. The existing debris includes large pieces of concrete, brick, steel bars, wood and other organic materials as well as large pockets of air. Provide piers and grade beams at east and south walls of the gymnasium per the direction of the structural engineer. Add$ 153,514.00 Page 9 99-1116.txt 2. Provide Piers and grade beams at east and south walls of the gymnasium per the direction of the structural engineer Add$ 13,938.23 The foregoing change results in a net increase in the contract of One Hundred Sixty Seven Thousand Four Hundred Fifty Two and 23/100 Dollars ($167,452.23). Summary: Original Amount of Contract $2,403,800.00 Amount of This Change Order (No. 1) Add $ 167,452.23 Revised Amount of Contract $2,571,252.23 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Stieglitz Snyder, Architects) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30332506 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF COMMUNTY DEVELOPMENT. NO. 16 CHANGE IN CONTRACT ELEVATOR MODERNIZATION PROJECT NORTHWEST BUFFALO COMMUNITY CENTER GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Elevator Modernization Project, Northwest Buffalo Community Center, General Construction, Kirst Construction, Inc., C #92000400. 1.Relocate third floor office door in order to not interfere with the new elevator shaft and extend shaft wall to underside of roof deck. Add $ 3,946.00 2.Remove existing first and second floor elevator doors and frames and install new frames. Add$ 5,080.00 3. Relocate the third floor steel framing to line up the elevator shaft. Add$ 1,720.00 4.Excavate hole in 15" thick concrete floor for the elevator well hole. Add $ 687.00 5.Reuse existing steel curb framing for roof hatch in lieu of providing new framing. Deduct$ 1,320.00 6. Delete fireproofing of hoist beam. Deduct $ 500.00 7. Premium time to drill elevator hole at the request of the building tenants to avoid excess noise during normal working time. Add $ 2,380.00 8. Provide new steel channels and bracket supports for the elevator rail. Add $ 2,114.00 9.Install new hardware on the elevator machine room door and correct existing shaft problems. Add $ 401.00 The foregoing change results in a net increase in the contract of Fourteen Thousand Five Hundred Eight and 00/100 Dollars ($14,508.00). Summary: Original Amount of Contract $ 120,510.00 Change Order #1 (CCP 10/5/99; item #14) Page 10 99-1116.txt Add $ 3,495.00 Amount of This Change Order (No. 2) Add $ 14,508.00 Revised Amount of Contract $ 138,513.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Ronald W. Bugaj, Architect) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in 30341006 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 3, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to Kirst Construction, Inc., an increase in the amount of $14,508.00, as more fully described in the above communication, for work relating to Elevator Modernization Project, Northwest Community Center, General Construction, C #92000400. Funds for this project are available in 30341006 445 100 Division of Buildings. Passed AYES-13. NOES-0. NO. 17 CHANGE IN CONTRACT FILLMORE-FERRY POLICE PRECINCT I hereby submit to Your Honorable Body the following changes for the Fillmore-Ferry Police Precinct, General Construction, Montco Construction Co., Inc., C #91988500. 1 .Provide and install an additional arch lintel support at the north entry due to a conflict with precast anchors, roof steel and lintel bearing. Add $10,577.00 2.Excavate and dispose of buried organic materials uncovered during excavation of four (4) screen wall fastings adjacent to the south property line in order to provide proper bearing for the pier footings.\ Add $ 349.00 3.Removal of abandoned meter pit structure uncovered during excavation for west screen wall footings. Add $ 235.75 4.Install two (2) additional "C" label doors and frames at Rooms 141 and 144 for code compliance. Add $ 1,665.20 5.Delete the "mortar net" at the base of the precast wall panels since it is already installed at the top of the panels. Deduct $ 1,530.00 The foregoing change results in a net increase in the contract of Eleven Thousand Two Hundred Ninety Six and 95/100 Dollars ($11,296.95). Summary: Original Amount of Contract $2,600,000.00 Change Order #1 (CCP 7/13/99; item #26) Add $2,488.00 Change Order #2 (CCP 10/5/99; item #17) Add $9,398.72 Change Order #3 (CCP 10/5/99; item #16) Add $3,737.50 Change Order #4 (CCP 10/5/99; item #15) Deduct $172,000.00 Amount of This Change Order (No. 5) Add $11,296.95 Revised Amount of Contract $2,454,921.17 Page 11 99-1116.txt These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30229306 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 5, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 5, to Montco Construction Co., Inc., an increase in the amount of $11,296.95, as more fully described in the above communication, for work relating to Fillmore-Ferry Police Precinct, General Construction, C #91988500. Funds for this project are available in 30229306 445100 Division of Buildings. Passed Ayes-13. Noes-0/ NO. 18 CHANGE IN CONTRACT NEW WATER LINES TIFFT NATURE PRESERVE 1200 FUHRMANN BLVD. I hereby submit to Your Honorable Body the following changes for the New Water Lines, Tifft Nature Preserve, 1200 Fuhrmann Blvd., Visone Construction, C #92010099. 1. Install HDPE piping in lieu of copper. Deduct $ 1,400.00 The foregoing change results in a net decrease in the contract of One Thousand Four Hundred and 00/100 Dollars ($1,400.00). Summary: Original Amount of Contract $28,995.00 Amount of This Change Order (No. 1) Ded. $ 1,400.00 Revised Amount of Contract $27,595.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are to be credited to 34320306 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 5, 1999, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Visone Construction, a decrease in the amount of $1,400.00, as more fully described in the above communication, for work relating to New Water Lines, Tifft Nature Preserve, C#92010099. Funds for this project are to be credited to 34320306 445100 -Division of Buildings. Passed Ayes-13. Noes-0. NO. 19 Page 12 99-1116.txt CONSTRUCTION INSPECTION-TREE TRIMMING AND REMOVAL CONTRACTS Permission is requested from Your Honorable Body to design, bid and perform construction inspections for tree trimming and removal contracts to be administered by our department. Although funds were recently transferred, bids reported and bond resolutions approved our department needs Your Honorable Body's approval for their tasks to properly implement contract documents. It is anticipated that a consultant will be necessary to assist in inspection of the work based on the funding available and the volume of work. A summary of anticipated funds is as follows: $300,000 98-99 Capital Budget $250,000 99-00 Capital Budget $2.5 million 99-00 Capital Budget Amendment Funds for the consultant inspection work will be available in a future capital project account as listed above and are not expected to exceed $75,000.00. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated November 10, 1999 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to design, bid and perform construction inspections for tree trimming and removal contracts to be administered by the Department of Public Works. Funds for the consultant inspection work will be available in a future capital project account as listed above and are not expected to exceed $75,000.00. Passed. Ayes-13. Noes-0. NO. 20 PROJECT COMPLETION-FILLMORE FERRY STATION This is in response to Councilmember Brown's inquiry regarding progress of work and scheduled completion date for the Fillmore Ferry Police Precinct. Please be advised that as of this date work is generally on schedule with completion scheduled for June of 2000. Utility relocations, easements and subsurface conditions delayed portions of the work at the start of the project but have since been resolved. RECEIVED AND FILED. NO.21 UNGER AVENUE SIGN WITHIN CITY RIGHT OF WAY Mr. John McGrath of the Unger Avenue Block Club has requested permission to install a sign within City right of way at the intersection of Unger Avenue and North Legion Drive. The proposed sign would be located on the south side of North Legion Drive between an existing guardrail and Cazenovia Creek, measure 8 feet in overall height and 7 feet in length. The sign would read "Unger Avenue, A Beautiful Place". The Department of Public Works has reviewed this application pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" to the Unger Avenue Block Club for said installation provided the following Page 13 99-1116.txt conditions are met: I . That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2.That the sign be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That all underground utilities be located prior to installation. 4.That the applicant be responsible for maintenance of said sign as long as it remains within City right of way. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. NO. 22 UTILITY BILLINGS - CITY MISSION ITEM NO. 122, C.C.P. 10/19/99 The referenced item was sent to this department to explore the feasibility of allowing the City Mission to operate under the cover of the City of Buffalo's utility accounts. Most of the questions raised by this proposed action are legal questions which I will yield to the Corporation Counsel for answers. Section 30-11, Lighting and Power Service of the Charter and Code of the City of Buffalo gives the Commissioner of Public Works the authority to award contracts for lighting of streets and public buildings, etc., and to furnish electric power to the City. If the Corporation Counsel opines that "City" as used herein means the entire City, and not just the municipal corporation, it may be possible to supply power to the Mission under our agreements with Niagara Mohawk. I do caution however that Niagara Mohawk and/or the Public Service Commission may have rules and regulations prohibiting such an arrangement. Also of concern is payment of the utility charges. It is my understanding that if the Mission is to be billed as a City account, the City would be responsible to insure that prompt payment will be made. Should the Mission default on its payment, the City could be held liable for outstanding amounts. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL FROM THE COMMISSIONER OF POLICE NO. 23 CHECKS RECEIVED ITEM NO. 104, C.C.P. 2/2/88 8155-00110487 C2-99-0069 641.40 8155-00110622 C2-99-0082 682.80 8155-00110620 C2-99-0059 588.00 8155-00110618 C2-99-0057 900.00 8155-00110615 C2-99-0056 2,226.00 TOTAL DEPOSIT $ 5,038.20 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). The checks were received by this Department and duly deposited in the Trust & Agency Account, #20010000-389001. RECEIVED AND FILED. NO. 24 NEW FUNDS: DCJS JUVENILE JUSTICE BLOCK GRANT Recently the City of Buffalo was awarded $182,371 under Page 14 99-1116.txt the Department of Criminal Justice Services Juvenile Accountability Incentive Block Grant. We are requesting authorization f or the Mayor to enter into an agreement between the City of Buffalo and the Division of Criminal Justice Services for the period July 1, 1999 through June 30, 2000. Under this grant project, the Department will be working with the County of Erie's Probation and Central Police Services toward developing a juvenile information system that will bridge the gap that currently exists among juvenile service providers. Although some information is shared, currently, the information available is not linked to a county-wide system. This grant will provide the tools for expanding the access of information through the development of a county-wide computer network that would connect Probation, Detention, Family Court and other law enforcement agencies in Erie County. It is critical that law enforcement and juvenile justice providers have a complete history when a youth is arrested. In addition, these funds will allow the Buffalo Police Department to address distressed youths and their families, who contact our juvenile section, but are not part of the actual criminal justice system. A family resource worker housed in our Community Services Unit will have the background, experience and knowledge of community resources that will best serve the needs of Buffalo's children. We are also requesting an interfund cash loan for all non-personnel expenditures in the amount of $160,569 as a cash advance for all departmental non-personnel expenses until we can secure such reimbursement from the State: ($31,440 equipment: juvenile unmarked vehicle, 3 computers,, cellular phone/pager for family resource worker; $6,600 supplies for resource worker as well as promotional materials, periodicals, tapes for project; $10, 000 minor alterations for existing office in Community Services to house family resource worker; $4,600 for 3 juvenile personnel to attend an out-of-state juvenile assessment center/training;$107,929 for subagreements that will provide for the family resource worker ($45,500 covers salary/fringe/mileaqe) and $62,429 to Erie County who oversees the central police services computer network and will provide the personnel who will be responsible for the planning and implementation of this juvenile computer network system; the balance of funding $21,802 covers overtime for sworn and civilian personnel who will be involved with juvenile arrests and the entering of historical juvenile data. This loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. The County of Erie will be helping the City to offset the required match of $20,263 by contributing $6,243. The Department has requested CDBG funds to expand our juvenile curfew project during the summer as the City's required match ($14,020). If you require additional information, please contact Chief James Giammaresi or Maureen Oakley at ext. 4475. Thank you for your immediate attention to this matter. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF FIRE NO. 25 DIFF IN PAY ITEM NO. 72-CCP 3/18/97 TIMOTHY SASIADEK Page 15 99-1116.txt Timothy Sasiadek, Motor Equipment Mechanic, in the Repair Shop at the Buffalo Fire Department was injured from August 20, 1999 to October 4, 1999. He is owed a difference in pay between Worker's Compensation (Allied Claim Service) and the City of Buffalo for the amount of $259.66. (see attached table) Mrs. LoTempio moved: That the above communication from the Commissioner of Fire dated November 9, 1999 be received and filed, and That the Comptroller be, and he hereby is authorized to pay Timothy Sasiadek, Motor Equipment Mechanic in the Repair Shop in the amount of $259.66 for difference in pay allowance under the provisions of the Workers' Compensation Law from August 20, 1999 to October 4, 1999. Passed Ayes-13. Noes-0. FROM THE CORPORATION COUNSEL NO. 26 CLAIM FOR PROPERTY DAMAGE AT GATES CIRCLE-12/21/98 This case involves damage to the City-owned fountain at Gates Circle. On December 21, 1998, a vehicle operated by Benjamin Chesley struck the fountain at Gates Circle and caused considerable damage to the granite outer wall, the outer bench, stairway and fountain pool. The driver of the vehicle was a 24-year old male who is insured by Peerless Insurance. His policy has a $50,000 property damage limit. Mr. Chesley has no other insurance coverage or significant assets. An investigation has revealed that an attempt to collect additional funds from Mr. Chesley would likely prove unsuccessful. The estimate obtained by the Department of Public Works from Galle Memorial Studios indicated the repair would cost approximately $96,000. After considerable delay, the insurance adjuster was able to verify that the repair cost would exceed Mr. Chesley's policy limit of $50,000. Peerless indicated that it would settle our claim against its insured for the policy limit of $50,000 provided that we sign a General Release discharging Benjamin Chesley, Joel Chesley, Claudia Chesley, Peerless Insurance Company and Liberty Mutual Group from any further claims regarding this property damage. Many members of the community have expressed a strong desire that the fountain be repaired as soon as possible. As the weather will not permit any significant outdoor construction for much longer and it is unlikely that additional funds will be forthcoming, it is respectfully requested that the council authorize the acceptance of the $50,000 policy limit in full settlement of the claim. Mrs. LoTempio Moved; That the above communication from the Department of Law dated November 10, 1999, be received and filed, and That the Corporation Counsel be, and he hereby is authorized to accept $50,000 from Peerless Insurance Company and Liberty Mutual Group in settlement for property damage incurred by Benjamin Chesley and provide a General Release discharging Benjamin Chesley, Joel Page 16 99-1116.txt Chesley and Claudia Chesley from any further claims regarding property damage at Gates Circle. Passed Ayes-13. Noes-0 NO. 27 1797 CLINTON AND 1790 CLINTON ST. This communication requests authorization to acquire the premises at 1797 Clinton Street in order to allow expansion of the Machnica Community Center. By way of background, the City of Buffalo is in the process of expanding and renovating the Machnica Center. In order to construct the addition, the two adjoining parcels must be acquired. Previously, your Honorable Body authorized the acquisition of 1790 Clinton Street. Item No. 2, C.C.P. 2/17/98. This property has been acquired. The remaining property that needs to be acquired currently houses a business that employs approximately thirteen (13) employees. The owner of the business, William Stachowiak, is blind and the building is ADA compliant. In order to relocate his business, Mr. Stachowiak needs a building that is large enough to accommodate his business as well as meets his needs for performing his work. An extensive search was conducted by the Division of Real Estate to locate a property in the vicinity that would be suitable for relocation of S & B Communications, Inc. After a number of other locations were determined not to be feasible, the following solution was determined. The decision was made to acquire a property across the street at 1790 Clinton Street and the City would acquire the property and renovate it for use by S & B Communications, Inc. 1790 Clinton Street was acquired in April, 1999 by the City and has been renovated and is ready to be occupied by the business. The acquisition was previously authorized by your Honorable Body Item No. 7, C.C.P. 2/9/99. After extensive negotiations between the Division of Real Estate, the Department of Public Works, the Law Department and Mr. and Mrs. Stachowiak, a tentative agreement has been reached as follows. The intent of the agreement is to allow the property owners, William and Kathleen Stachowiak, to remain in the same financial position as they are today. The Stachowiaks will transfer the premises at 1797 Clinton Street to the City of Buffalo for the sum of $120,000. The property was appraised for $112,000 by an independent appraiser retained by the City. The City of Buffalo will sell the premises at 1790 Clinton Street to the Stachowiaks for the sum of $65,000. This is the purchase price the City of Buffalo paid for the premises approximately six (6) months ago. The City of Buffalo will also pay approximately twenty-five thousand dollars ($25,000) in closing and moving costs relating to both property closings. As part of the closings, in order to facilitate the project, M&T Mortgage Corporation has voluntarily agreed to transfer the existing mortgage from 1797 Clinton Street to 1790 Clinton rather than issue an entirely new mortgage. This will save substantial additional closing costs. The closings have been tentatively set for November 23, 1999 in order to accommodate the City's construction schedule. Funds are available for the acquisition in Bond Accounts numbered 30330306-445100 and 30337806-445100. It is respectfully requested that your Honorable Body authorize the acquisition of 1797 Clinton Street by the Page 17 99-1116.txt City of Buffalo and the sale of 1790 Clinton Street to S & B Communications, Inc. in accordance with the terms set forth above. Mrs. LoTempio Moved: That the above communication from the Department of Law dated November 10, 1999, be received and filed; and That the Corporation Counsel and the Comptroller be, and they hereby are authorized to acquire 1797 Clinton Street for the City in the sum of $120,000 and to sell of 1790 Clinton Street in the sum of $65,000 to S & B Communications, Inc. in accordance with the terms as set forth above. Passed Ayes-13. Noes-0. NO. 28 RESTORATION SOCIETY, ET AL. V. CITY OF BUFFALO AND SECTION 511-136 OF THE CITY CODE As you are aware, Restoration Society, Inc. sued the City of Buffalo when the Council denied the agency a restricted use permit to operate a drop in center at 250 Genesee Street. The action in Federal Court initially sought a preliminary injunction, enjoining the City from preventing the operation of 250 Genesee Street. They also wanted a declaratory judgment rendering the City's human service facilities ordinance, Section 511-136 of the Code, invalid. Judge William M. Skretny granted their motion on the merits for a preliminary injunction, preventing the City from doing anything about the continued operation of "Harbor House". From the bench, Judge Skretny provided his view of the case and the City's likelihood of success. As a result thereof, pre-trial negotiations then ensued to work out a potential settlement of the case. After a series of conferences and the strong urging of Judge Skretny, a Stipulation and Order was reached between the parties that served to dismiss the case against the City. The settlement required the City to provide Restoration Society with two (2) restricted use pen-nits, one for 130 Genesee Street as the new location of Harbor House, and one for 427-435 Delaware Avenue as the new location for their former Elmwood Clubhouse. Though this settlement grants two (2) restricted use permits in the City, it removes a very real threat to the City's human service facilities ordinance, which both the City and the County of Erie wish to preserve. In light of Judge Skretny's ruling and recent developments in case law, the Law Department and the Division of Planning are currently reviewing Section 511-136. We expect to report back to you with our findings shortly. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 29 REVIEW OF NOMINEE(S) FOR APPOINTMENT - APPRAISAL REVIEW BOARD C.C.P., 11/3/99, NO. I The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of November 9, 1999) that the following nominees for appointment to the Appraisal Review Board have no outstanding debts to the City: Michael P. Size Laurie Dann Page 18 99-1116.txt James R. Militello REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 30 REVIEW OF NOMINEES FOR APPOINTMENT - BUFFALO SEWER AUTHORITY C.C.P., 9/7/99, NO. 2 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of November 9, 1999) that the following nominees for appointment to the Buffalo Sewer Authority have no outstanding debts to the City: Rodney Richardson RECEIVED AND FILED. NO. 31 ROTARY RINK OPERATING AGREEMENT Attached for your approval, please find a copy of an agreement to allow Buffalo Place, Inc. to operate and manage the Rotary Rink skating facility from November 1, 1999 through October 31, 2000 for the sum of $26,000.00. REFERRED TO THE COMMITTEE ON FINANCE AND BUFFALO PLACE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 32 CONTRACT #92005700 - CHANGE ORDER #4 RIVERSIDE PARK - PHASE 4B VISONE CONSTRUCTION, INC.- CONTRACTOR I hereby submit to Your Honorable Body the following changes for the above referenced construction contract at Riverside Park. I request the items listed below be deleted and or added to the above referenced contract in the form of Change Order #4. Therefore, due to unforeseen contingencies, we recommend and request Change Order #4 be approved to Visone Construction and their contract #92005700 be amended to reflect these changes. Item Description Amount #1 REPAIR: Replace in kind 60 ft. of chain link fencing damaged by automobile.$1,100.00 #2REPAIR: Backfill ruts with topsoil, seed, fertilize and mulch.$ 475.00 Total Change Order $l,575.00 Contract Sum Prior to this Change Order: $ 107,840.00 Change Order #1: 2,500.00 Change Order #2 :$ 1,970.00 Change Order #3: $ 1,850.00 Change Order #4: $ 1,575.00 Revised Contract Amount: $ 115,735.00 These additional costs and credits have been reviewed by this Division and the consulting Landscape Architect WENDEL, and are found to be fair. I request that Your Honorable Body authorize the Commissioner of Community Development to issue change order #4 to the contractor on the basis of the above. Funds for the work of this change order will be made available in the Bond Fund #203-717-003 / Munis #30331906 for this project. Page 19 99-1116.txt Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated November 10, 1999, be received and filed, and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 4, to Visone Construction, an increase in the amount of $1,575.00, as more fully described in the above communication, for work relating to Riverside Park - Phase 4b, C 992005700. Funds for this project are available in Bond Fund 4203-717-003/Munis #30331906. Passed Ayes-13. Noes-0. NO. 33 DEMOLITION ACTIVITY This is the November 1999 monthly status report reflecting our activity regarding the number of Demolitions completed and a proposed number of Demolitions and/or Asbestos Removals for the upcoming month. If you have any questions regarding any part of this report please contact our office. Total Number of Demolitions Completed from 10/1/99 - 10/31/99: 44 Projected Activity for November 1999: Pre-Demolition Asbestos Removal: 00 ( Demolition to follow) Demolition Bids: 73 RECEIVED AND FILED. NO. 34 FOURTH STREET SITE INVESTIGATION-DERIVED WASTE REMOVAL The Office for the Environment continues its investigation of the BURA-owned Fourth Street Inactive Hazardous Waste Site. The Department of Community Development requests that $5,300 be transferred to the Buffalo Urban Renewal Agency so that necessary costs associated with the disposal of investigation-derived waste material may be appropriately disposed of. I recommend that your Honorable Body authorize this action. Funds for this work are available in Bond Fund Account 202-717-005. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated October 29, 1999, be received and filed; and That the Comptroller transfer $5,300 to the Buffalo Urban Renewal Agency so that necessary costs associated with the disposal of investigation-derived waste material may be appropriately disposed of for the Fourth Street Inactive Hazardous Waste site. Funds for this project are available in Bond Fund 202-717-005. Passed Ayes-13. Noes-0. NO. 35 PERM. TO REIMBURSE BROADWAY MKT. FOR EQUIPMENT-SAVE A LOT STORE During a previous phase of construction at The Broadway Market, under the supervision of the Department of Public Works, refrigeration and checkout equipment was Page 20 99-1116.txt purchased, for the Save-A-Lot store. Since the Public Works, funds were inadequate to cover the cost, the equipment was purchased by The Broadway Market. Now that the Department of Community Development has new Capital Budget Funds ($500,000 in Account 30339006) the City of Buffalo has been billed $176,306. The Comptroller's Office has had Bond Counsel review this expenditure and it was found to be acceptable under the Bond Resolution. I, therefore, respectfully request permission of Your Honorable Body to reimburse The Broadway Market in the amount of $176,306 for previously purchased equipment. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated November 9, 1999, be received and filed; and That the Comptroller reimburses the Broadway Market in the amount of $176,306 for previously purchased equipment. Passed AYES-13. NOES-0. NO. 36 PERMISSION TO HIRE CONSULTANT-BROADWAY MKT. RENOVATIONS I hereby request permission of Your Honorable Body to authorize the Commissioner of Community Development to engage the services of an architectural/engineering consultant to develop plans and receive bids for Broadway Market Renovations. A total of approximately $300,000 is available for design and construction in Capital Budget Account 30339006. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated November 10, 1999 be received and filed, and That the Commissioner of Community Development be, and he hereby is authorized to engage the services of an architectural/engineering consultant to develop plans and receive bids for Broadway Market Renovations in an amount not to exceed $30,000. Funds in the amount of $300,000 for the design and construction are available in Capital Budget Account #30339006. Passed. Ayes-13. Noes-0. NO. 37 PERMISSION TO HIRE CONSULTANT HENNEPIN PARK YOUTH OPPORTUNITY CENTER I hereby request permission of Your Honorable Body to authorize the Commissioner of Community Development to engage the services of an architectural/engineering consultant to design plans for a new Youth Opportunity Center at Hennepin Park. Bids will also be received for the demolition of the eastern portion of the existing center. The new center, to be designed and built on the demolished portion of the building, will be constructed by the State of New York with $2 million available in their Page 21 99-1116.txt Office of Children & Family Services. The design and demolition will be funded with '99-'00 Capital Budget Funds in the Department of Community Development, which will be sold in the near future. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated November 10, 1999 be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to engage the services of an architectural/engineering consultant to design plans for a new Youth Opportunity Center at Hennepin Park in an amount not to exceed $225,000.00. Funds for the design and demolition will be funded with 1999-2000 Capital Budget Funds in the Department of Community Development, which will be sold in the near future.' Passed. Ayes-13. Noes-0. NO. 38 POSSIBLE IMPLOSION-210 DELAWARE AVENUE #133 CCP OCT. 19, 1999 In response to the above stated Common Council communication I wish to supply your Honorable Body with the following information. The interior work of the preparation of 210 Delaware Avenue for demolition is currently being performed under Permit Number 50912, dated August 13, 1999. On October 19, 1999 Mainline Contracting applied for a permit for the demolition of this building using the method of implosion. A representative of the Division of Inspections, Licenses and Permits has disapproved the application for a Demolition Permit citing the lack of proper procedure and necessary referrals. Upon receipt of this application, a representative of the Division of Inspections, Licenses and Permit contacted National Fuel, Niagara Mohawk, Adelphia Cable, NYNEX, Buffalo Water Authority, Buffalo Sewer Authority, the City Engineer, Buffalo Fire, Public Works, Parking Violations, and the Department of Streets Representatives of the listed agencies and utilities were contacted by the Division of Inspections, Licenses and Permits to assure compliance with all regulations, permits and associated fees. Contact with the Department of Police for a plan to regulate access to the "one thousand (1,000) foot safety zone" will be coordinated through the contractor and the Commissioner of Police. As of this writing, approvals have been received from National Fuel, Niagara Mohawk Adelphia Cable, Buffalo Water Authority, Buffalo Sewer Authority and Buffalo Fire. No permit will be issued until approvals are received from the City Engineer, Department of Public Works, Parking Violations and the Office o Permits of the Division of Inspections, Licenses and Permits. Additional documentation for the weakening of the structure, placement of explosives, the location of the "geotextile" curtain" pre-demolition inspection reports o surrounding properties, location of command post, placement of barriers and review of insurance pollicies are to b, completed prior to issuance of a Demolition Permit. This communication does not list every detail that has been discussed and as of this writing the contractor is working in cooperation with the Division of Inspections Licenses an, Permits to assure a safe means of implosion. A procedure will also be designed to complete the project and follow up o any and all concerns Page 22 99-1116.txt that may arise during the next phase of demolition. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 39 SECOND CHANGE IN CONTRACT 91995100 ALLENDALE THEATER HVAC WORK During the construction of the above project, some items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 91995100 with John W. Danforth Co.: Reconstruction and service of existing HVAC units installed by others, as directed by owner and architect. Add $ 1,650 Contract Summary: Original Contract Amount 25,129 Change Order No. 1 445 Change Order No. 2 (This Change) 1,650 New Contract Amount $ 27,224 These costs have been reviewed and approved by Foit-Albert Associates, Project Architects. Funds for this extra work are available in 31019906, 30231106, 30339106 and/or 34640106. I recommend that Your Honorable Body authorize the Commissioner of Community Development to issue a change order to John W. Danforth Co. as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated November 9, 1999, be received and filed, and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 2, to John W. Danforth Co., an increase in the amount of $1,650, as more fully described in the above communication, for work relating to Allendale Theater HVAC Work, Contract 91995100. Funds for this project are available in 31019906, 30231106, 30339106 and/or 34640106. Passed Ayes-13. Noes-0. FROM THE COMMISSIONER OF STREET SANITATION NO. 40 DISTRICT MAPS TOTE DELIVERY As per your request at the Committee on Legislation meeting held this week, I am enclosing copies of th district maps, which will identify the areas that will be receiving totes. As was discussed at the meeting, the first district to receive totes will be district 1, beginning November 15th. The next district will be district 2, which should begin implementation sometime in April. If you should have any further questions, or if you need any additional information, please contact me at 913-9798. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 41 EQUIPMENT TRADE-IN Page 23 99-1116.txt My Fleet Coordinator, Tom Laudico, has reviewed our equipment inventory and would like to trade two of our "out of service" Caterpillar loaders for service credit of $25,000. This credit is to be used for maintenance of our East Side Transfer Station and Streets equipment. The vehicles to be traded are 2- Cat IT28B Wheel Loaders, serial numbers HF00700 and HF00701. One of these vehicles has a blown transmission which would cost approximately $13,000 to repair and the other a blown engine which would cost approximately $11,000 to repair. I am enclosing copies of the quotes and service credit that Mr. Laudico received. I am requesting that the Council approval this request. Mrs. LoTempio moved: That the above communication from the Commissioner of Street Sanitation dated November 10, 1999, be received and filed, and That the Commissioner of Street Sanitation be, and he hereby is authorized to trade in two Caterpillar loaders for service credit of $25,000 to be used for maintenance of our East Side Transfer Station and Streets equipment. PASSED. AYES-13. NOES-0. NO. 42 CERTIFICATE OF APPT LABORER II (MAX) Appointment Effective: November 8, 1999 in the Department of Street Sanitation to the Position of Laborer II (Hrly.) Permanent at the Non-Competitive Maximum Starting Salary of $24,819. Clyde L. Eschborn 142 Roesch Avenue Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 43 GENERAL FUND GAP SHEET-FIRST QUARTER-1999- 2000 Under this cover please find the City's General Fund gap sheet for the first quarter of FY 1999-00. The gap sheet projects a negative fund balance of $2.252 million for the 199900 fiscal year. It should be noted that this estimate is based upon information currently available to the budget office. Below is a summary of significant variances from the 1999val 00 budget. Revenues and resources are currently projecting $0.8 million above budget. This is due to an anticipated increased appropriation that will be forthcoming once the books are closed for 1998-99. The increased appropriation is necessary because of two large settlements, and a host of smaller ones, which have depleted the judgement and claims account. Property tax revenue and other revenues continue to be projected at budgeted amounts in this report due to a lack of any new information that would induce a modification of our original assumptions. The only exception is Other State Revenue that was reduced by $833,333 reflecting the loss of Hurd revenue that was not restored by the state legislature. Page 24 99-1116.txt Interfund Transfers Out has been increased by $0,85 million because we are treating funds moved from the Reserve for Capital Improvements and the Planning for Capital Projects account as transferred funds and not as expensed (see the General City category under the Exempt Items heading). These funds are ultimately expensed from bond accounts. Expenditures are projected to exceed budget by $1.369 million. Personal services are up nearly $2.0 million with Hourly wages accounting for approximately $300,000 of this amount, Overtime accounting for about $2 million and Court Time approximately $400,000, Duty Disability is up as well. Regular Salaries are showing approximately $2.5 million in savings at this time due to strict attrition control in light of other escalating costs. Supply costs have been increased by $300,000 due to several reconstruction projects at city-owned buildings. Fringe benefits follow the pattern set by other personnel costs. Social Security is up due to increases in overtime and court time. Retirement contributions produced a savings of nearly $1.4 million. Other Employee Benefits is reduced by $1.75 million since we have moved the amount of the Local 650 settlement to the Personal Services line. Several General City Charges have been increased from budget. Miscellaneous Services has been increased to restore the BN/1HA subsidy that was cut by the Council. Miscellaneous Charges was increased by nearly $2,0 million in order to restore a Council cut of $300,000 to the Tax Adjustment account and to provide sufficient funds to cover judgements and claims, including motor vehicle self insurance. I hope this document informs the Council on the City's current fiscal condition. If there are any questions, I am always available to meet with your honorable body. REFERRED TO THE COMMITTEE ON BUDGET. NO. 44 OPTIONAL DENTAL UPGRADE FOR ELECTED AND APPOINTED EMPLOYEES Enclosed for filing with the Common Council are an original and three (3) copies of a letter to all Elected and Appointed Employees of the City of Buffalo outlining an optional dental upgrade to be made available to Elected and Appointed Employees of the City of Buffalo. RECEIVED AND FILED. NO. 45 CERTIFICATES OF APPOINTMENTS-EXAM MONITORS I, II, III (MAX) Appointments Effective November 6, 1999 in the Department of Administration and Finance, Division of Civil Service to the Position of Exam Monitor I at the temporary flat starting salary of $7.00 per hour. Ruth Alston-Davis 260 Moselle Ave. Buffalo, NY 14211 Julie Andrzejewski 86 Stutzman Road Bowmansville, NY 14026 Thomas Barone 40 Raintree Pkwy. Tonawanda, NY 14150 Andrea Belis 73 Victoria Blvd. Page 25 99-1116.txt Kenmore, NY 14217 Carrie Bellanti 3 Trella Place Lackawanna., NY 14218 Marcus Bennefield 468 West Ferry Buffalo, NY 14213 Anne Bujanowski 80 Raintree Island # 3 Tonawanda,, NY 14150 Evelyn Campbell 8 Waterview Pkwy. Hamburg, NY 14075 Joseph Cardina 8 Woodward Buffalo, NY 14214 Amanda Corey 7 Cove Creek Run West Seneca, NY 14224 Perry Davis 30 Burgard~St. IBuffalo, NY 14208 Ann DiPalmi 86 Virgil Ave. Lwr. Buffalo, NY 14216 Robert Dundon 12733 Uebelhoer Rd. Alden, NY 14004 Helen Ertel 105 Gorton'St. Buffalo, NY 14207 Jennifer Finn 483 Crescent Ave. #2 Buffalo. NY 14214 Velma Ford 33 Lawrence Pl . Buffalo, NY 14213 Trina Freeman 114 Lonsdale Rd. Buffalo, NY 14208 Carla Gibson 91 Fisher Buffalo, NY 14215 Pamela Gibson 37 Fisher St. # 2 Buffalo, MY 14211 Theresa Geldard 286 Highlind Pkwy. # 2 Buffalo, NY 14223 Sarah Griffin 220 South Huxley Dr. Buffalo, NY 14225 Lisa Guarisco 194 Warsaw St. Lackawanna, NY 14218 Gretchen Gustavson 6265 Knapp Rd. Canandaugua, NY 14424 Charles Heimerl 244 Oakbrook Dr. Williamsville, NY 14221 James Hillery 141 Carlyle Ave. Page 26 99-1116.txt Buffalo, NY 14220 Carl Itoka 916 Delaware #2N Buffalo, NY 14209 Ricardo Jackson 64 Peace St. Buffalo, NY 14211 Paul Johnson 205 Grey Street Buffalo, NY 14214 Randa Johnson P.O. Box 723 Buffalo, NY 14215 Amber Kehr 105 Dalewood Dr. Amherst, NY 14228 Jillian Kelley 382 Okell St. Buffalo, NY 14220 Julianne Kenny 393 Parkside Avenue Buffalo, NY 14216 Dorothy Killings 588 Goodyear Avenue Buffalo, NY 14211 Veronica Koziol 13 Pawnee Pkwy. Buffalo, NY 14210 Janice Kuhn 708 LaSalle Ave. Buffalo, fNY 14215 Carrie LaMacchia 487 Crescent Ave. Buffalo,:NY 14214 Kelley Laudisio 136 Laurelton Dr. West Seneca, NY 14224 Kathleen Maiola 4063 Fair 2 view Pkwy. Blasdell,tNY 14219 Renee Mapp 269 Strauss Street #1 Buffalo, NY 14211 Marlena Mathews 243 Loring Ave. Buffalo, Ny 14214 Carolyn Maurin 39 Laurelton Dr. West Seneca, NY 14224 Stephanie,McKeel 156 Crescent Ave. Buffalok, NY 14214 Bryan Meagher 125 McKinley Ave. Williamsvi!lle, NY 14221 Suzanne Miller 27 Sugar Bush LA Lancaster, NY 14086 Patrick Newsome 109 Sweet Ave. Buffalo, NY 14212 Julia Novak 20 Geary St. Page 27 99-1116.txt Buffalo, NY 14210 JoAnn Peterson 57 Kaymar Dr. Amherst,,NY 14228 Julie Pezzimenti 926 Joyce Lane Angola, NY 14006 Lois Phillips 12733 Uebelhoer Rd. Alden, NY 14004 Betty Pieri 90 VirgiT Ave. Buffalo,,NY 14216 Jennifer Pogorzelski 27 Sugarbush Lane Lancaster, NY 14086 Rosalyn Porter 353 Northumberland Ave. Buffalo,'NY 14215 Linda Reid: 149 North R,yan Buffalo, NY 14210 Rasheed Roper 212 Maryland #7 Buffalo, N.V 14201 Pamela Rutland 201 LaSalle Ave. Buffalo, NY 14214 Mary Lou Sailer 45 Eastwood Drive West Seneca, NY 14224 Caroline D. Sauer 309 North St. #36 Buffalo, NY 14201 Joel Shaw 140 East Dauenhauer St. East Syracuse, NY 13057 Diane Smith 78 Portland Ave. #4 Buffalo, NY 14220 Vickie Starks 503 Doat St. Buffalo, NY 14211 Mary Ellen Suchan 6 Grandview Ave. Buffalo, NY 14223 Sharon Waczkowski 5 Hewitt Ave. Buffalo, NY 14215 Cynthia White 81 King Road Elma, NY 14059 Bonita Williams 68 St. Louis Buffalo, NY 14211 Bronte Williams 192 Chester Ave. Buffalo, NY 14208 Melissa Williams 127 Aldrich Pl. Buffalo, NY 14220 Davida Wright 25 Amsterdam Page 28 99-1116.txt Buffalo, NY 14215 Angelia Young 153 Edison Ave.. Buffalo, NY 14215 Barbara Zak 65 Zittel Buffalo, NY 14210 Appointments in the Department of Administration and Finance , Division of Civil Service to the Position of Exam Monitor II, at the Temporary Flat Starting Salary of $12.00 per hour: Lorietta Mathewson 454 Breckenridge Buffalo, NY 14213 Appointment Effective: November 6, 1999 in the Department of Administration and Finance, Division of Civil Service, to the Position of Exam Monitors III, at the Temporary Flat Starting Salary of $15.00/hr. Don Allen, Jr. 151 Linwood Ave. Buffalo, N.Y 14209 Judith Burlingame 127 Coolidge Rd. Buffalo, NY 14220 Elaine Corey 7 Cove Creek Run West Seneca, NY 14224 Joseph Corey 7 Cove Creek Run West Seneca, NY 14224 Diane Kehr 105 Dalewood Dr. Amherst, NY 14228 Paul Kehr 105 Dalewood Dr. Amherst, NY 14228 Claudia Kerner 211 Dwyer St. West Seneca, NY 14224 Mary Beth Robinson 328 Robert Drive #5 North Tonawanda, NY 14120 Mrs. LoTempio made a motion to approve said item. Seconded by Ms. Gray. PASSED. AYES-13. NOES-0. FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 46 SUMMARY OF MINORITY HIRING PRACTICES BY HSPR -DIVISION OF PARKS –1996-OCTOBER 27, 1999 1- Permanent appointments to Laborer 11 Total Appointments 11 4 WM 6 BM 1 HM 2- Temporary* appointments to Laborer Il (Current) Total Positions 4 1 - BM 3- vacant Page 29 99-1116.txt Temporary fill in for permanent employees on Leave of Absence. Employee eligible for benefits after 6 mos in position) 3- Seasonal Laborer 11 (Current) Total Positions 9 No benefits/$6.92/hour/ 25 hours (12 months) 5 WM 1 WF 2 BM 1 vacant 4- Seasonal Laborer 11 (Current) Total positions 5 No benefits/$6.92/hour/ 25 hours (12 months) 1- HM 1- BF 2- WM 1- HF 5- Seasonal Laborer 11 Total positions 7 No benefits/S6.92/hour/ 25 hours (6 months) 3 - WM 1 -BM 1 - HM 1 - HF 1- vacant Employees in this category laid off as of 10/22/99 6- Other minority promotions A: From Laborer II to P.U.W. (Competitive) = 2 1 BM Permanent Promotion 1 HM Temp Prm. B. From Laborer II to Recreation Co-ordinator (non-competitive) = I BM C: Recreation Aide (Competitive) = 1 1 BM Temp. Promotion REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 47 NARRAGANSETT ROAD FERTILIZATION The Forestry Department has accepted bids for the fall fertilization of City right of way trees on Narragansett Road. The results are: 1 .Wright Frontier $910.00 2.The Davey Tree Expert Co. $1,115.00 3.EarthCare Inc. $1,440.00 We ask that you award the bid to Wright Frontier at $9 10.00 as low bidder. The emergency account # 34 - 31 - 0206 will be the source of funding for this project. Mrs. LoTempio moved: That the above communication from the Commissioner of Human Services, Parks and Recreation dated November 9, 1999, be received and filed; and That the Commissioner of Human Services, Parks and Recreation be, and he hereby is authorized to award a contract for City right of way trees on Narragansett Road, to Wright Frontier, the lowest responsible bidder, in the amount of $910.00. Funds for the project are available in emergency account #34-31-0206. Passed. Ayes-13. Noes-0. NO. 48 PERMISSION TO TRADE VEHICLES We are seeking Council permission to trade in the Page 30 99-1116.txt following equipment and apply the proceeds to the purchase of 5 HR 5111 riding lawn mowers. One HR 5111 was added to our lawn cutting fleet last season on a trial basis. It has proven to be a very reliable piece of equipment and has increased our grass cutting capacity by 60%, thereby maximizing manpower allocations. 10(1998) Ransomes 723D Frontlines at $7,5000 each $ 75,000. 1(1982) John Deere High lift ........... 8,000. 1(1986) Dump Truck 3,000. 1(1986) Dump Truck 1,000. 1(1977) Ford Tractor 2,500. 2(1964) Toro Carts @ $100 each......... .... 200. 1(1975) John Deere Tractor 2,500. 1(1992) 12 ft Trailer 50. 1(198 5) Ford Truck .................. 300. Total Trade-In Value $ 92,550. Total cost of 5 -- HR 5111 $140,875. Trade-In Value 92,550. Balance $ 48,325. Balance to be paid from Parks '99-'00 capital outlay -- 141600007474200 Mrs. LoTempio moved: That the above communication from the Commissioner of Human Services, Parks and Recreation dated October 26, 1999, be received and filed; and That the Commissioners of Human Services, Parks and Recreation and General Service be, and they hereby are authorized to trade-in the equipment as listed in the above communication to use and the proceeds to purchase of 5 HR 5111 riding lawn mowers. The balance to be paid from Parks 1999-2000 capital outlay - 141600007474200. Passed. Ayes-13. Noes-0. FROM THE BOARD OF EDUCATION NO. 49 BOND RESOLUTION - $1,000,000 RECONST. BVTC ITEM #120, C.C.P. NOV.3,1999 Bond Resolution #3999-79 for partial reconstruction of the Buffalo Vocational Technical Center building - $1,000,000 shall be used to fund the following work: - Roof Replacement - Exterior Masonry Restoration - Site work Members of the staff, including Mel Alston, Associate Superintendent for Plant Services, will be available to meet with the Council Education Committee on November 24, 2999 to discuss the Bond Resolution, BVTC Funding, and additional issues relating to BVTC. REFERRED TO THE COMMITTEE ON EDUCATION. FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 50 RESPONSE TO PROPOSED SKYWAY BRIDGE LIGHT PROJECT RES. 123, CCP OCTOBER 19, 1999 Your Honorable Body requested a response regarding the Page 31 99-1116.txt above referenced resolution filed by Mr. Coppola. The BERC is supportive of the proposed project to light the Skyway Bridge, please note the following comments. As the predominant visual resource on the Buffalo waterfront, the Skyway Bridge has been viewed by many as an eyesore along the Buffalo skyline. However, we can see from cities like Miami, Cleveland, and Providence that these landmarks, when adorned properly, may greatly increase the appearance of the surrounding area. The BERC believes the Skyway is an important gateway to the City of Buffalo, which can serve to frame rather than obstruct the view of our great City. The Buffalo Inner Harbor Project represents a comprehensive approach to promote transportation, economic development and waterfront access on a 12-acre parcel of land beneath the Skyway. The Inner Harbor Master Plan identifies Skyway illumination as a desirable site improvement. In early coordination meetings with the NYS Department of Transportation, the illumination of the Skyway was conceptually approved and proved tc pose no obstacle to regular maintenance of the structure. Inner Harbor Project subconsultant and project lighting designer, Hayden McKay Lighting Design, prepared conceptual design of the lighting system needed to illuminate the underside of the Skyway, which in the evening hours would transform the structure from a publicly acknowledged eyesore into a glimmering brow hovering over the Inner Harbor site. The design recommendations included a system of 40OW and 1000NA metal halide floodlights located between each of the pier structures as well as on lighting poles located in the surrounding parking lot. A conceptual cost estimate prepared at the end of the master planning phase of the project identified the cost associated with the Skyway illumination as approximately $80,000 (limited to the Inner Harbor site). The illumination of the Skyway is also included as a key feature of the Inner Harbor Public Art Master Plat currently being finalized by the Jambhekar Strauss Team in association with arts consultant Nina Freudenheim. These costs of the Skyway illumination are not included in the final budget for the Inner Harbor Project. We a the BERC are excited to discover the Common Council's interest in lighting the Skyway Bridge and support any action to see it become a reality. We will, on the Council's behalf, discuss these concepts further with the NYS Department of Transportation. REFERRED TO THE COMMISSIONER OF COMMUNITY DEVELOPMENT. FROM THE CITY CLERK NO. 51 MAYOR REPORTED OUT OF STATE I transmit herewith communications received by me from the Mayor, reporting his absence from the state from 4:00 p.m. on Monday, November 8, 1999 until 4:00 p.m, on Tuesday, November 9, 1999. RECEIVED AND FILED. NO. 52 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Page 32 99-1116.txt Control Board. Address Business Name Owner's Name 110 Pearl St Virginia T.Pratt RECEIVED AND FILED NO. 53 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Deaba M. Hoefler, Marlin Hall, Patrician Hubbard Christina Sikorski Corporation Counsel- Patricia Pancoe, David State, Diane Devlin Street Sanitation-Deana LoVallo RECEIVED AND FILED. NO. 54 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board RECEIVED AND FILED. NO. 55 NOTICES OF APPOINTMENTS-COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment effective November 8, 1999 in the Department of Common Council, to the Position of Intern VI,. Seasonal, Non-Competitive, at the starting salary of $10.00 per hour. Maureen Kearns 138 Hubbell Avenue Buffalo, NY 14220 NO. 56 NOTICES OF APPOINTMENTS-SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF ADMINISTRATION AND FINANCE Appointment Effective November 1, 1999 in the Department of Administration and Finance, Division of Parking Enforcement,. to the Position of Laborer I, Seasonal, Non- Competitive at the flat starting salary of $6.22/hr. Jonathan F. Nasca 12 Woodley Rd Buffalo 14215 DEPARTMENT OF GENERAL SERVICES Appointment Effective: November 8, 1999 in the Department Of General Services, Division of: Inventory & Stores to the Position of: Seasonal Laborer II, at the flat starting salary of $6.92/hr. David J. Clark 64 Arthur Street Buffalo, NY 14207 DEPARTMENT OF HUMAN SERVICES, PARKS AND Page 33 99-1116.txt RECREATION Appointment Effective: November 10, 1999 in the Department Of Human Services, Division Of Parks, to the Position of Fee Collector Seasonal, Non-Competitive, at the flat starting salary of $5.15/hr. Sean Eddy 128 Royal Buffalo 14207 DEPARTMENT OF STREET SANITATION Appointments Effective 11/1/99 in the Department of Street Sanitation to the Position of Seasonal Laborers II, Seasonal , At the Non-Competitive Flat salary of $6.92/hr. Walter Cromer 723 Woodlawn Buffalo, NY 14211 Michael A. Jones 82 Lakewood Avenue Buffalo, NY 14220 Willis L. Jones, Jr. 293 Monroe Buffalo, NY 14212 Ronald Link 75 Marion Street Buffalo, NY 14207 David J. Loos 406 Goethe Buffalo, NY 14212 Elizah Melton 297 Mills Street Buffalo, NY 14211 James M. Morris 424 Hoyt Street Buffalo, NY 14213 Charles A. Sessa 176 Normal Avenue Buffalo, NY 14213 Kristie G. Sokolowski 71 Ashley Buffalo, NY 14212 Bart Stachoski 400 Willett Avenue Buffalo, NY 14206 Paul H. Stokely 562 Parkside Avenue Buffalo, NY 14216 Michael J. Valenti 572 Tacoma Avenue Buffalo, NY 14216 Norman Ross 17 Durham Avenue Buffalo, NY 14215 Michael F. Sacilowski 49 Goodyear Buffalo, NY 14212 Greg R. Campeau Huntington Ave Buffalo, New York 14214 Appointments Effective: November 5,1999 in the Department of Human Services, Division of Parks to the Position of Rink Attendants, Seasonal, Non-Competitive, at the flat starting salary of $5.15/hr. Page 34 99-1116.txt Victor Orlando 232 Linden Buffalo 14216 James Crehan 96 Shenandoah Buffalo, NY 14220 NO. 57 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF ADMINISTRATION AND FINANCE Appointment Effective 10/29/99 in the Department of Administation and Finance, Division of Civil Service, to the position of Personnel Specialist I, Temporary Promotion, at the minimum starting salary of $32,896. Carolyn A. Lenczyk 129 Walter Street Buffalo, NY 14210 Appointment Effective: November 8, 1999 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Junior Traffic Clerk, Temporary at the minimum starting salary of $23,252. Ann B. Haskell 632 Grant Street (rear) Buffalo 14213 Appointment Effective: November 1, 1999 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Laborer I, Permanent, Non- Competitive, at the minimum starting salary of $9.57/hr. Dino L. Palumbo 331 Davey Buffalo 14216 DEPARTMENT OF HUMAN SERVICES, PARKS AND RECREATION Appointment in the Department of Human Services,Parks, Recreation, Division of Youth Court to the Position of Community Service Liaison , Provisional Appointment at the fIat Starling Salary of: $ 18,500 Jacqueline S. Grisanti 398 Taunton Place Buffalo, 14216 DEPARTMENT OF LAW Appointment Effective in the Department of Law to the Position of Typist, Provisional, Temporary, at the minimum starting salary of $23,252. Deana M. LoVallo 12 Wellington Road Buffalo, NY 14216 DEPARTMENT OF POLICE Appointment Effective. November 1, 1999 in the Department of Police, to the Position of: Report Technician, Provisional, at the minimum starting salary of $25,149. Kathleen M. Podsiadlo 282 Cumberland Buffalo, New York 14220 Page 35 99-1116.txt Kimberly C. Mays 83 Wakefield Avenue Buffalo, New York 14214 DEPARTMENT OF PUBLIC WORKS Appointment Effective: November 1, 1999 in the Department of Public Works, Division of Buildings to the Position of Carpenter, Permanent,.at the Non-Competitive salary of $25,159. David E. Moot 318 Ashland Avenue Buffalo 14222 Appointment Effective: November 5, 1999 in the Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Engineer, at the temporary flat starting salary of $10.25/hr. Charles A. Kulp Jr. 1015 Abbott Road Buffalo 14220 Appointments Effective November 1, 1999 in the Department of Public Works, Division of Buildings, to the Position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Paul N. Calmes, Sr. 159 Como Avenue Buffalo 14220 Michael G. Coniglio 138 Folger Street Buffalo 14220 Lawrence L. Doctor, Jr. 29 Boone Street Buffalo 14220 Appointment effective October 30, 1999 in the Department of Public Works, Division of Buildings, to the position of Senior First Class Stationary Engineer, Temporary at the Flat Starting Salary of $10.25/hr. John M. Meegan 137 Eden Street Buffalo 14220 DEPARTMENT OF STREET SANITATION Appointment effective October 29, 1999 in the Department of Street Sanitation to the position of Laborer II, Permanent, Non-Competitive, at the Minimum Starting Salary of $21,819. Deana M. LoVallo 12 Wellington Rd. Buffalo 14216 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 58 ADELPHIA NEW CHANNEL LINEUP Over the past eighteen months, our engineers and field crews have been working diligently on our city of Buffalo network upgrade. I am happy to report that we have approximately 20,000 customers now connected to our new network. This new network will allow us to provide the telecommunication needs of our customers in the future and expand their entertainment enjoyment today. The following channels will be added or placed fulltime in our new network areas on our present channel lineup on November 1, 1999. I have attached a letter that will Page 36 99-1116.txt be sent to all customers connected to our new network. • Telemundo • Health Network • Country Music TV • C-Span2 • E Entertainment TV • Madison Square Garden • Home and Garden Television • TV Food Network Our future plans include adding additional channels and we will keep you posted of our timeline. RECEIVED AND FILED. NO. 59 AMERICAN ANGLIAN We are pleased to cooperate with the Common Council and discussed this matter at the public hearing held on 9 November. We have been in contact with the Commissioner and he has requested that we include information pertaining to metered rates with the mailings to customers for the meter installation program. These rates have not been included in the informational letters in the past since the rates are subject to change and the brochures are printed in large quantities prior to rate changes by the Water Board As discussed at the public meeting, the water rate consists of two components; the block rate charges for actual water use and a flat -fee referred to as a "meter capacity charge" which was called a "service charge" previously The meter capacity charge is a fee assessed by the Water Board to cover the cost of basic service provided to all water users. This fee is based on the size of the meter that is in place and is similar to the service fees charged by all utilities to cover the base cost of infrastructure, etc. As always, we are available for information and willing to cooperate in any way necessary to provide updates on our activities relating to the management of the Buffalo Water Division. Please feel free to contact me at 852-0499 with any questions you may have REFERRED TO THE COMMITTEE ON FINANCE 4 NO. 60 BUFFALO EMERGENCY MEDICAL SERVICES BOARD REVIEW PROVISIONS-AMBULANCE SERVICES IN BUFFALO The Emergency Medical Services Board of the City of Buffalo received from a third party the letter to Commissioner Michael Walters, Erie County Department of Emergency Services, with a Common Council resolution to "hold a hearing to review the present provisions of ambulance services in the City of Buffalo." The Emergency Medical Services Board has authority and responsibility delegated to it pursuant to City of Buffalo Ordinance Chapter 72, Ambulances and Ambulance Drivers. Chapter 72 was amended by the Common Council earlier this year. The ordinance establishes the Emergency Medical Services Board and identifies in Chapter 72-6 a scope of duties including, "advise and inform the public concerning any practices in connection with ambulance services which it may consider harmful to persons in need thereof," and "providing for the location and staffing of a Page 37 99-1116.txt central control office so that all complaints for ambulance service can be recorded and forthwith forwarded to the Board for its study, review and attention." Also, the Buffalo Emergency Medical Services Board has on file compiled statistics relative to response times for Emergency Medical Services in the City of Buffalo that has been made available to the Common Council. We are concerned by way of the enclosed resolution that the Common Council is bypassing expected lines of communication and engagement of the Emergency Medical Services Board. Our concern was increased when we received at 4 PM on November P the request to attend an "emergency meeting" on November 5, 1999. We believe a hearing on this short notice is not conducive to meaningful participation of the Emergency Medical Services Board members. We also believe that any knowledge the Common Council has about the "provision of ambulance services that may put the public at risk" is of such immediate concern to the Emergency Medical Services Board that communication with me should occur as soon as possible, outside of any hearing. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 61 BUFFALO EMERGENCY MEDICAL SERVICES BOARD SIX MONTH REVIEW CRITERIA-EMERGENCY MED. SVS. BD. Please find attached the final review criteria approved by the Buffalo Emergency Services board on March 6, 1997 ending September 30, 1997. Should you have any questions concerning this, please feel free to contact me. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 62 TELERGY NOTICE OF CORPORATE CHANGE The shareholders of Telergy, Inc. (the "Company") recently approved the re-incorporation of the Company under Delaware law and the restructuring of the Company's subsidiaries such that a new subsidiary, Telergy Operating Inc., a Delaware subsidiary, will be created to hold the Company's interests in all of the other subsidiaries of the Company. Telergy Operating Inc. will be wholly owned by the Company. The re-incorporation will be effected pursuant to a merger of the Company with a newly created Delaware subsidiary. We are providing you this notice as a party to an agreement with the Company or one of its subsidiaries. The Company's business relationship with you will not be affected by these transactions. Should you have any questions please call Walter Simmers at (860) 241-2643. REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS, OFFICE OF TELECOMMUNICATIONS, AND THE CORPORATION COUNSEL. NO. 63 R. KWARCIAK ILLEGAL DUMPING – 116 FREDRO ST. On June 9, 1999 at approximately I I a.m., Gary W. Ziolkowski, the Director of the City of Buffalo, Division of Inspections visited my property upon my invitation. Page 38 99-1116.txt I called him to inspect the property directly behind me, 116 Fredro St.. The owner of the mentioned property is dumping all the water that collects on the north side of the house directly onto the grass and not in the downspout. The owner is in violation of the City of Buffalo Charter and various New York State codes. The amount of water is approximately 700 gallons per inch of rain. I told Director Ziolkowski that I became aware of the situation when my property was damage because of the illegal dumping. Ziolkowski told me that he's aware of the mentioned Law but it's open to interpretation. He told me it seemed like most of the water is going to the property on 116 Fredro and the owner of mentioned property is only destroying his own property. I was given a polite brush-off. The City of Buffalo and its Director of Inspections should have enforced the law for the following reasons. 1 .He gets paid to enforce Law. 2.The high water flow is saturated soil which causes foundations to settle and houses to become tilted. 3.The East Clinton area has been infested with termites for the last 30 years and moisture in the soil only serves to attract and multiply them.(this fact was mentioned to Director Ziolkowski) 4.Rodent control, the city of Buffalo has become infested with rats and article in the Buffalo News mentioned that good drainage is critical to reduce rats. 5.The City of Buffalo has a potential lawsuit by effected homeowners in the area. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 64 OLMSTEAD SCHOOL CONSOLIDATION OF OLSTEAD SCHOOL The OImsted School community enthusiastically supports the consolidation of the Olmsted School at the H.H. Richardson complex as proposed by the City of Buffalo, the Buffalo Board of Education, and Buffalo State College. This would be a combined capital project comprising renovation of existing buildings and construction of new Facilities. The Olmsted School is presently located in three different buildings: two in north Buffalo and one in south Buffalo. This situation has resulted from the need to expand our blended program, which combines a magnet Gifted and Talented component with a neighborhood school. This unique educational design encompasses and involves students from all areas of the City of Buffalo. Consolidation of the Olmsted School at the Psychiatric Center complex would achieve the following: • Provide an anchor for the entire educational campus at one location and allow for additional opportunities for collaboration with Buffalo State; • Create a community school for the benefit of the Grant-Elmwood area; • Place all the elementary grades at one site; • Expand the Olmsted program by adding a high school component; • Allow reuse and preservation of historically significant buildings; • Revitalize the Elmwood-Grant Area; and Contribute to the stability of Buffalo's Page 39 99-1116.txt socio-economic base. We strongly support. the approval of this innovative proposal that would allow the City of Buffalo to secure the future of the Olmsted School and to preserve the architectural h,2ritage of the H.H. Richardson complex. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 65 J. SLOSSON OPPOSE 420 LINWOOD-HUMAN SERVICE FACILITY Hello. My name is John Slosson. I am the owner and resident of 412 Linwood Avenue. I am here to say no to the Randolph Foundation using 420 Linwood Avenue as a social service agency sight. To the best of my knowledge there is a moratorium for this area of Linwood so no new social service agencies wil locate there due to over-saturation of such agencies. I have gone to many homes in the three to four hundred block o' Linwood and have over 50 signatures from neighbors who wish the City of Buffalo Zoning Board of Appeals to deny the Randolph Foundation (420 Linwood) zoning re-use change for use as offices as a social service agency. I feel the Randolph Agency has shown total lack of regard and respect for the neighborhood, community, and city and state laws. At the Sighting Committee meeting it was determined without question that change of use is required from a home office with three apartments to a social service agency. To the best of my knowledge the Randolph Foundation has no permits, no change of use, no certificate of occupancy, no handicap access, ramps or lifts, bathroom accessibility or any other permits for the use or operation at 420 Linwood Avenue. I am here to ask the Common Council and the City of Buffalo laws and officials to put a stop-work order on the Randolph Foundation, 420 Linwood Avenue, and to deny them zoning re-use change for use as a social service agency. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 66 PEACE BRIDGE APPOINTS CANADIAN FIRM FOR BI-NATIONAL BRIDGE REVIEW PANEL Attached please find a press release concerning information on the above subject. Copy on file for review in City Clerk’s Office. REFERRED TO THE SPECIAL TASK FORCE ON SUPERSPAN. PETITIONS NO. 67 M. MAMMANO IIII, AGENT, USE 271 DINGENS FOR A POLE SIGN. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. Page 40 99-1116.txt NO. 68 D. RYAN, AGENT, USE 236 ELK FOR A BILLBOARD SIGN. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. . NO. 69 M. KONTRAS, AGENT, USE 217 NORTH FOR A TAKE OUT RESTAURANT. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 70 K. KIMMINS, AGENT, USE 572 S. DIVISION FOR AN ILLUMINATED POLE SIGN/READER. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 71 E. D'ABATO, OWNER, USE 1346 KENSINGTON AVENUE FOR A SIT-IN RESTAURANT. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 72 S. Banks & Others-Petition that parking to alternate on 0’Connor Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION, AND THE COMMISSIONER OF PUBLIC WORKS REGULAR COMMITEES CIVIL SERVICE BEVERLY A. GRAY CHAIRPERSON NO. 73 SALARY ORD. AMENDMENT- 32-DEPT. OF PUBLIC WORKS 1095-DIVISION OF BLDGS. PLAN & DESIGN OF PUBLIC BLDG. ITEM NO. 162-CCP 10/5/99 ITEM NO. 86 CCP 10/19/99 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved that the above item be recommitted to the Committee on Civil Service ADOPTED Page 41 99-1116.txt NO. 74 SAL. ORD. AMEND.- 41-HSPR 1470 DIV. OF CARE/PLACE OF TREES ITEM NO. 132, CCP 11/3/99 That the Salary Ord. Amendment contained in the above item be and the same hereby is approved. PASSED. AYES-13. NOES-0. NO. 75 SAL. ORD. AMENDMENT 05-LAW DEPT. 1046-CORPORATION COUNSEL ITEM NO. 133, CCP 11/3/99 That the Sal. Ord. Amend. as contained in the above item be and the same hereby is approved. PASSED. AYES-13. NOES-0. NO. 76 APPT.-ASST. ENGR.-INTER-PW ITEM #25-CCP 11/3/99 That Communication 25, November 3, 1999 be received and filed and the provisional appt. of Joseph Poltorak stated above at the intermediate salary of $38,145 effective on September 27, 1999 is hereby approved. PASSED. AYES-13. NOES-0. NO. 77 APPT.-HEAVY EQUIP. OP. MAX STS ITEM NO. 42-CCP #11/3/99 That Communication 42, Nov. 3, 1999 be received and filed and the provisional appt. of Robert L. Kozak stated above at the intermediate salary of $28,000 effective on October 26, 1999 is hereby approved. PASSED. AYES-13. NOES-0. NO. 78 APPT.-TRUCK DRIVER (MAX) (STS) ITEM NO. 43, CCP#11/3/99 That Communication 43, November 3, 1999 be received and filed and the permanent appt. of Alan Majewski stated above at the maximum salary of $27,492 effective on July 16, 1999 is hereby approved. PASSED. AYES-13. NOES-0. NO. 79 NOTICES OF APPTS-TEMP/PROV/PERM CCP#55-11/3/99 That the above item and the same hereby is received. ADOPTED FINANCE DAVID A. FRANCZYK, CHAIRPERSON NO. 80 RESULTS OF NEGOTIATIONS-118 TENTH ST. Page 42 99-1116.txt ITEM NO. 49, CCP 10/5/99 That the offer from Mr. Ferderick C. Sager, residing at 3502 Route 39, Collins Ctr., in the sum of $1,700.00 for the sale of 118 Tenth St, be and is hereby accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser, and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES-13. NOES-0. NO. 81 RESULTS OF NEG.-549 E. FERRY ITEM NO. 36, CCP 11/17/98 ITEM NO. 84, CCP, 11/3/99 That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 82 RPT. OF AUCTION-56 PETERSON ITEM NO. 76-CCP 7/27/99 That the offer from Mr. Richard Pompey, residing at 277 Hempstead Avenue in the sum of $400.00 to purchase the property described as 56 Peterson, be and hereby is accepted; and The buyer will be required to pay a 10% buyer premium to Cash Realty and Auction; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED. AYES-13. NOES-0. NO. 83 RPT. OF AUCTION-223 STANISLAUS ITEM NO. 77 CCP 7/27/99 That the offer from Mr. Richard Pompey residing at 277 Hempstead Avenue, in the sum of $1,250.00 to purchase the property described as 223 Stanislaus, be and hereby is accepted; and The buyer will be required to pay a 10% buyer premium to Cash Realty and Auction; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED. AYES-13. NOES-0. NO. 84 RPT. OF AUCTION-1098 SYCAMORE ITEM NO. 78, CCP 7/27/99 That the offer from Ms. Jennell E. Winters, residing at 1 Eller St., in the sum of $1,250.00 to purchase the property described as 1098 Sycamore, be and hereby is accepted; Page 43 99-1116.txt and The buyer will be required to pay a 10% buyer premium to Cash Realty and Auction; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED. AYES-13. NOES-0. NO. 85 RPT. OF AUCTION-110 WOLTZ ITEM NO. 80-CCP 7/27/99 That the offer from Mr. Richard Pompey, residing at 277 Hempstead Avenue, in the sum of $700.00 to purchase the property described as 110 Woltz, be and hereby is accepted; and The buyer will be required to pay a 10% buyer premium to Cash Realty and Auction; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED. AYES-13. NOES-0. NO. 86 RPT. OF AUCTION-1163 BROADWAY (CD) CCP#60-9/7/99 That the above item be and the same hereby is received and filed. ADOPTED. NO. 87 RPT. OF AUCTION-249 HIGH ITEM NO. 58 CCP 9/7/99 ITEM NO. 104, CCP 10/5/99 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 88 RPT. OF AUCTION-129 LEMON ITEM NO. 31-CCP 10/19/99 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 89 RPT. OF AUCTION-645 WOODLAWN ITEM NO. 59 CCP 7/13/99 ITEM NO. 89, CCP 11/3/99 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 90 Page 44 99-1116.txt RPT. OF AUCTION-13 LYTH ST. ITEM NO. 61-CCP 7/13/99 ITEM NO. 90, CCP 11/3/99 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 91 REPORT OF AUCTION - 2002 FILLMORE AVENUE (ITEM NO. 62, C.C.P., JULY 13, 1999) (ITEM NO. 91, C.C.P., NOV. 3, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 92 REPORT OF AUCTION - 246 SCHUELE (ITEM NO. 64, C.C.P., JULY 13, 1999) (ITEM NO. 92, C.C.P., NOV. 3, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 93 REPORT OF AUCTION - 123 SCHUELE (ITEM NO. 59, C.C.P., SEPT. 7, 1999) (ITEM NO. 93, C.C.P., NOV. 3, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 94 PARTS INV. MGMT. -INVENTORY & STORES (GS) (CCP#89-9/7/99) That the above item be and the same hereby is received and filed. ADOPTED NO. 95 REVIEW PERFORMANCE OF AMERICAN ANGLIAN (ITEM NO. 162, C.C.P., SEPT. 7, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk Moved: That this Common Council requests the Department of Public Works to conduct a thorough review of operations, day-to-day conduct, and overall performance of American Anglian to date, with an emphasis on the concerns as listed in the above communication; and That the Department of Public Works file with this Honorable Body, a written report of their findings from their review of American Anglian as soon as possible. ADOPTED. NO. 96 AMERICAN ANGLIAN - PERFORMANCE REVIEW (ITEM NO. 74, C.C.P., OCT. 5, 1999) That the above item be, and the same hereby is Page 45 99-1116.txt returned to the Common Council without recommendation. Mr. Franczyk moved: That the above mentioned item be and the same is hereby received and filed. Adopted NO. 97 AMERICAN ANGLIAN - PERFORMANCE REVIEW (PW) (ITEM NO. 17, C.C.P., OCT. 19, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the above mentioned item be and the same is hereby received and filed. Adopted NO. 98 CHECKS RECD. ($5,192.64) (POL.) (CCP#21-10/19/99) That the above item be and the same hereby is received and filed. ADOPTED NO. 99 CHECKS RECD. ($234,415.00) (POL.) (CCP#22-10/19/99) That the above item be and the same hereby is received and filed. ADOPTED NO. 100 BIDS - SKYWAY THRUWAY LOOP PARCEL #5 AND 155 WASHINGTON STREET (ITEM NO. 2, C.C.P., NOV. 3, 1999) That the Director of Parking be, and he hereby is authorized to enter into threeyear leases with Allright Parking Buffalo Inc., as the highest responsible bidder in the amount of $152,904.00 for Skyway Thruway Loop Parcel #5 and $30,120.00 for 15 5 Washington Street Thruway Lot IA. Passed. AYES-13. NOES-0. NO. 101 BIDS - PRECINCT 11 RENOVATIONS - 1351 BAILEY AVENUE (ITEM NO. 13, C.C.P., NOV. 3, 1999) That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Precinct I I Renovations - 1351 Bailey Avenue, to the lowest responsible bidders, for General Construction to Summit Construction, base bid of $523,000, add Alternate I for $3,500, add Alternate 2 for $8,500, add Alternate 3 for $4,000, for a total amount of $539,000, for Electrical Work to Warrens Electric, base bid of $78,570, add Alternate 2 for $1,42 1, for a total amount of $79,99 1, for HVAC Work to Joseph Davis, Inc., in the amount of $109,200, for Plumbing Work to W.C. Roberson, base bid of $48,900, add Alternate 3 for $14,500 for a total amount of $63,400. Funds for the project are available in 30337706 445 100 - Division of Buildings. Passed. AYES-13. NOES-0. NO. 102 BIDS - REPLACEMENT/REMOVAL OF TRAFFIC SIGNALS - ONTARIO STREET Page 46 99-1116.txt (ITEM NO. 14, C.C.P., NOV. 3, 1999) That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Replacement/Removal of Traffic Signals - Ontario Street between Niagara and Ontario Streets, to Omer Construction Co., Inc., the lowest responsible bidder, in the amount of $262,992.75 plus approved unit prices for an additional amount of $26,299.25 for a total encumbrance in the amount of $289,292.00. Funds for this project were approved for $7,500,000.00 in the 1999-2000 Capital Budget. Passed. Ayes-13. Noes-0. NO. 103 ALLENDALE THEATER, THEATER OF YOUTH LEASE AND EASEMENTS (ITEM NO. 26, C.C.P., NOV. 3, 1999) That the above item be, and the same hereby is retumed to the Common Council without recommendation. Mr. Franczyk Moved: That the Mayor be, and he hereby is authorized to enter into a lease agreement with the Theatre of Youth Company, Inc. for the rental of the Allendale Theater, at 203 Allen Street and to enter into easement agreements for 197 and 201 Allen Street to allow for access to a rear doorway to Elmwood Avenue. Passed AYES-13. NOES-0. NO. 104 PAYMENT OF JACK EISENBACK ENGINEERING (ITEM NO. 28, C.C.P., NOV. 3, 1999) That the Comptroller be, and he hereby is authorized to make a payment to Jack Eisenback Engineering in the amount of $52,156.25 for engineering expertise, and the lab sample analysis for the excavation of various underground storage tanks found at 1489 Fillmore Avenue. Passed. AYES-13. NOES-0. LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 105 ORD. AMEND.-CHAPTER 511 -ZONING (ITEM NO. 137 -C.C.P., NOVEMBER 3, 1999) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON LEGISLATION A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances –None. Mrs. LoTempio now moved that the hearing be closed. Seconded by CARRIED. Page 47 99-1116.txt Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 106 J THOMPSON, PETITION TO USE 5 10 DELAWARE AVENUE - PLACEMENT OF ANTENNAS (ITEM NO. 66, C.C.P., NOV. 3, 1999) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 107 RON BROZICH, PETITION TO USE 75 OJIBWA - PLACEMENT OF ANTENNA (ITEM NO. 81, OCT. 5, 1999) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 108 JEAN BRAASCH, PETITION TO USE 49 LEDDY - MATERIAL STAGING MATERIAL. (ITEM NO. 83, C.C.P., SEPT. 21, 1999) That after the public hearing before the Committee on Legislation on September 28, 1999, the petition of Jean Braasch, agent, for permission to use 49 Leddy for a material staging area be, and hereby is denied. Adopted. NO. 109 WILLIE SPEARMAN, PETITION TO USE 445 NORTHLAND - TWO-FAMILY HOUSE & BARBER SHOP (ITEM NO. 85, C.C.P., SEPT. 21, 1999) That after the public hearing before the Committee on Legislation on September 28, 1999, the petition of Willie Spearman, owner, agent, for permission to use 445 Northland for a two-family house and a barbershop be, and hereby is denied. ADOPTED. NO. 110 SPEARMAN HOUSE IMPR.-USE 445 NORTHLAND AVENUE-BARBER SHOP (PLAN. BD.) (CCP#3-11/3/99) That the above item be and the same hereby is received and filed. ADOPTED NO. 111 REVIEW OF THE ADULT USE ORDINANCE (ITEM NO. 243, C.C.P., JULY 27, 1999) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Coppola made a motion to receive and file above item. ADOPTED. Page 48 99-1116.txt NO. 112 P. GAUTHIER-OVERLAY OF BRINKMAN ST., ETC. (CCP#92-6/29/99) That the above item be and the same hereby is received and filed. ADOPTED NO. 113 OVERLAY OF BRINKMAN, SUMNER & KEYSTONE STS. (PW) (CCP#22-11/3/99) That the above item be and the same hereby is received and filed. ADOPTED NO. 114 MIN. PART- IN PLANNING INITIATIVES (FINAL 2 RESOLVES ADOPTED) (CCP#135-12/1/99) That the above item be and the same hereby is received and filed. ADOPTED NO. 115 RESTAURANT DANCING LIC. -CLASS 111-1504 HERTEL (CD) (CCP#58-2/9/99) That the above item be and the same hereby is received and filed. ADOPTED NO. 116 RE-APPOINTMENT MEMBER TO THE BUFFALO SEWER AUTHORITY (ITEM NO. 2, C.C.P., SEPT. 7, 1999) That the re-appointment of Rodney L. Richardson, residing at 688 Crescent Avenue, as a member of the Buffalo Sewer Authority for a term commencing immediately and expiring June 30, 2002 be, and hereby is confirmed. Passed AYES-13. NOES-0. NO. 117 R. FONTANA-PERMIT FEES FOR SECURITY SYSTEM-43 KEPPEL ST. (CCP#74-9/21/99) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 REG. FEE-43 KEPPEL ST. (LAW) (CCP#39-10/5/99) That the above item be and the same hereby is received and filed. ADOPTED NO. 119 ALARM REG. FEES (CD) (CCP#40-10/19/99) That the above item be and the same hereby is received and filed. ADOPTED NO. 120 INVESTIGATE CITY LEAD CONTRACTOR ABUSES Page 49 99-1116.txt (ITEM NO. 136, C.C.P., SEPT. 7, 1999) That the Common Council request a report from the Department of Community Development on the relationship between Tim Bursee/Abatement Professionals or any other Bursee company and the city Lead Abatement Program; and That the Department of Community Development report on the effectiveness of the Lead Abatement Program, serving a city which has reportedly the fourth highest lead pain problem in the nation; and That the City of Buffalo cease and desist any business arrangements or contracts with Abatement Professionals or any other Bursee family business or front business from doing any lead abatement work in the City of Buffalo or any other work for the city. Adopted. NO. 121 INVEST. CITY LEAD CONTRACTOR ABUSES (CD) (CCP#48-10/5/99) That the above item be and the same hereby is received and filed. ADOPTED NO. 122 POSS. IMPLOSION-210 DELAWARE AVENUE (EXCEPT. FINAL RESOLVE) (CCP#133-10/19/99) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 NOTIF SERIAL #9159 (PW) (CCP#12-11/3/99) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 HANDICAPPED RAMP - 306 WEST FERRY STREET - ENCROACH (ITEM NO. 21, C.C.P., NOV. 3, 1999) That the Commissioner of Public Works be, and he hereby is authorized to issue a “mere lIcense to Mr. Robert J. Sartini, Architect, acting as agent for HSBC Bank, located at 306 West Ferry Street, to install a handicap ramp, which would encroach city right-of-way at said address, subject to the following conditions: PASSED. AYES-13. NOES-0. NO. 125 USED CAR DEALER-132-138 RHODE ISLAND ITEM NO. 39-CCP NOVEMBER 3, 1999 That the applicant obtains any and all other City of Buffalo permits necessary for said installation. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. That the applicant be responsible for relocation of any underground utilities affected by the ramp installation. That the application be responsible for maintenance of said Page 50 99-1116.txt ramp as long as it remains within City right of way. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said ramp. PASSED. AYES-13. NOES-0. RESOLUTIONS NO. 126 By: Mr. Coppola GRANT PERMISSION TO BENNETT HIGH SCHOOL TO HANG BANNER Whereas: Bennett High School has a partnership with Central Park United Methodist Church for a fundraiser; and Whereas: For the past two years the Church has sponsored a holiday season concert, the proceeds of which go to support various programs at Bennett; and Whereas: The committee involved in this years' planning, would like to increase community support of the concert by placing a banner across Main Street in front of Bennett; and Whereas: The banner would advertise the date of the event, December 12, the time and the sponsors; Now, Therefore, Be It Resolved: That this Common Council grant permission to Bennett High School to hang a banner across Main Street promoting the holiday concert; and Be It Further Resolved: That the concert planning committee hang the banner at the advice and direction of the Lighting Engineer, Jim Zern. PASSED. AYES-13.NOES-0 NO. 127 By: Mr. Coppola, Mr. Fontana, Mrs. LoTempio GRANT PERMISSION TO BUFFALO POLICE ATHLETIC CLUB TO USE POLICE ARM PATCH LOGO Whereas: The Buffalo Police Athletic Club (B.P.A.C.) is an organization of Buffalo Police personnel, which is supported by the Police Commissioner; and Whereas: The primary goal of the club is to maintain a high level of physical fitness and professionalism for the officers who serve and protect the citizens and businesses of the City of Buffalo; and Whereas: The B.P.A.C. equips and maintains the Police Gymnasium through their own membership dues at no cost to the Department, the City of Buffalo or its taxpayers. They offer personnel free fitness testing, exercise prescription and fitness counseling, and the gym is open for personnel use 24 hours a day; and Whereas: As an additional sources of revenue the Club sells a line of B.P.A.C. clothing, t-shirts, sweats, etc.). They also sell model Buffalo Police cars made by Code 3 Collectibles; and Whereas: The Club now has the opportunity to purchase battery operated wall clocks with a company logo that will not be sold to persons or organizations other than the Buffalo Police Athletic Club. The clocks will be for sale mostly to Buffalo Police personnel and will not be solicited to businesses; and Whereas: Proceeds from the sale of these clocks will be Page 51 99-1116.txt used to help equip and maintain the Buffalo Police Gymnasium; Now, Therefore, Be It Resolved: That this Common Council grants permission to use the Buffalo Police Ann Patch as the company logo to be put on the battery operated wall clocks. PASSED. AYES-13. NOES-0. NO. 128 BY: Mr. Fisher APPOINT LEGISLATIVE ASSISTANTS I hereby appoint the following individuals to Legislative Assistants effective November 16,1999: a) Tina M. Bethea, 143 Freund Street, Buffalo, NY 14215 b) Jeremy C. Toth, 55 Ardmore Place, Buffalo, NY 14213 ADOPTED. NO. 129 By: Messrs. Fontana and Brown CLOSING OF TOPS MARKETS ON GENESEE STREET Whereas: On December 8, 1999 Tops Markets on Genesee Street will be dosed after 38 years in the Schiller Park community; and Whereas: There has been many efforts on the Council's part to talk with Tops about staying at their current location; and Whereas: Tops has opted to build a new store at the former Thruway Mall location in Cheektowaga; and Whereas: Tops executives have failed to disclose future plans, if any for the current leased site on Genesee Street; and Whereas: Negotiations with Tops executives have provided little information, aside from, the possibility of Tops building a new "Wilson Farms" type store at the site; and Whereas: The Council is concerned about any new store that offers less selection and higher prices associated with convenience type food stores; and Whereas: Tops is essentially telling our hard working City residents if you want a full service Tops then go to Cheektowaga; and Whereas: As a Council we find this philosophy unacceptable and degrading to our City residents; and Whereas: It is vital that this East side community have a full service type supermarket for our seniors and families to shop at; and Whereas: It is this Council's position that a competitive, clean, affordable, new supermarket be built at this site on Genesee Street; and Whereas: Residents of this area, during a rally held on August 22, 1999, opposed Tops decision to close the store, and shared their concern of this great loss to the community; and Whereas: The residents of Lovejoy, University, Masten, Fillmore, and Ellicott Districts all shop at this location; and Whereas: It is time for the public and Council to know Tops future plans for our area; and Therefore, Be It Resolved: The executives from Tops local management office attend the next scheduled Common Council Community Development committee held on Wednesday, November 24, 19" at 10:00am in Council Chambers to discuss their plans for serving the East side community in which they are leaving; and Therefore be it Finally Resolved: That certified copies of this Page 52 99-1116.txt resolution be sent to local offices of Tops, Wegmans, Jubilee, Save-A-Lot, and Aldi's supermarket chains. ADOPT FINAL TWO RESOLVES REST TO COMMUNITY DEVELOPMENT NO. 130 By: Mr. Franczyk CAPITAL BUDGET AMENDMENT ADDITION TO CAPITAL PROGRAM 1999-2000 That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 1999-2000 be and the same is hereby amended by adding the following item under the heading: Capital Projects Division of Buildings Renovation of Precinct #11 ("C" District) $150,000 "B" District Police Building $500,000 Mr. Franczyk is voting negative on Precinct B of this resolution only. PASSED. AYES-13. NOES-0. NO. 131 By: Mr. Franczyk WAIVE FILING/REZONING APPLICATION FEE- PARADISE OPPORTUNITIES-81 MILLS ST. Whereas: Paradise Opportunities, Inc. has operated a residence for women in transition from prison and/or women in drug rehabilitation at 144 Mills Street for the past six and one half years; and, Whereas: Over 200 women have completed the transition program during that time period, with a success rate of 95%; and, Whereas: The program operated by Paradise Opportunities has been welcomed by the neighbors as a model of stability and hope for the surrounding neighborhood an the community at large; and, Whereas: Wishing to expand on the success of the group residence at 144 Mills St., Paradise Opportunities. Inc. has acquired a house at 81 Mills St.; and, Whereas: The property at 81 Mills will serve the purpose of allowing women who graduate from the program at 144 Mills to be able to live independently with their children; and, Whereas: Paradise Opportunities, Inc. is currently renovating the vacant and stripped house at 81 Mills St., and; Whereas: The renovation entails a rezoning application, for which a filing fee of $385.00 is required; and, Whereas: Paradise Opportunities, Inc. is registered as a 501(c)(3) non-profit corporation, sustaining its operations from donations and grants; and, Whereas: The payment of a $385.00 filing fee will create a hardship for Paradise Opportunities, Inc.; and, Therefore, Be it Resolved that, This Common Council requests a waiving of the filing fee for rezoning of 81 Mills St. REFERRED TO THE COMMITTEE ON FINANCE. NO. 132 BY: MS GRAY SALARY ORDINANCE AMENDMENT 03 - MAYOR AND EXECUTIVE DEPARTMENT 1031 - EXECUTIVE FUNCTION The Common Council of the City Of Buffalo does ordain as Page 53 99-1116.txt follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to 03 -Mayor and Executive Department, 1031 - Executive Function, which reads: 1 Senior Stenographer $24,822-$27,828 Is hereby amended to read: 1 Stenographic Secretary $28,828-$33,159 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, ANTHONY M. MASIELLO, MAYOR and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. ANTHONY M. MASIELLO MAYOR James B. Milroy Budget Director APPROVED AS TO FORM Michael B. Risman Corporation Counsel 10/25/99 PASSED. AYES-13. NOES-0. NO. 133 By: Mr. Helfer WAIVE BAND SHELL FEE AND PARADE PERMIT FEE FOR HARVARD CUP CHAMPIONSHIP FOOTBALL GAME Whereas: The Harvard Cup is the longest-running high school football championship in the nation; generations of Buffalonians have enjoyed this Thanksgiving Day tradition; and Whereas: This year, the event will include a parade featuring the 150 member All High marching band; Buffalo Public School officials would like to allow special guests to view the parade from the City of Buffalo Parks Department's portable band shell; and Whereas: The Buffalo Public Schools have respectfully requested that the Buffalo Common Council waive both the $400 band shell rental fee and the $50 parade permit fee; Now, Therefore, Be It Resolved: That the Buffalo Common Council hereby waives both the $400 band shell rental fee and the $50 parade permit fee for the Harvard Cup Championship Football Game to be held on Thanksgiving Day 1999. PASSED. AYES-13 NOES-0. NO. 134 By: Mrs. LoTempio and Ms. Gray A BEACH FOR BUFFALO Whereas: This Council has taken several initiatives to spur the development of a public beach for the City of Buffalo; and Whereas: Although our City has over 50 miles of waterfront when the shores of the Buffalo River are included, there is not a single public beach within City limits, and Whereas: This is a planning and land use mistake of the highest magnitude and should be corrected with all due speed; and Page 54 99-1116.txt Whereas: NYS Assemblyman Brian Higgins has recently proposed developing Gallagher Beach and opening it to the public, and has enlisted the support of the WNY Legislature delegation; and Whereas: Gallagher Beach, which is a bay just South of the Small Boat Harbor, is one of the sites this Council has proposed and is already actively used by windsurfers and others; and Whereas: There may be difficulties and potential roadblocks to developing Gallagher Beach for official public use, as there are for all potential beach sites within the City; and Whereas: It is important to solve those problems for at least one site in the City and not allow them to continue to rob Buffalonians of their birthright as citizens of a waterfront city; Now, Therefore, Be It Resolved That: This Common Council supports the exploration of Gallagher Beach as a public beach, and requests the Buffalo Economic Renaissance Corporation to report back on the feasibility of amending the South Buffalo Redevelopment Plan to include the development of a public beach at Gallagher Beach; and Be It Further Resolved That: The City Clerk be directed to send certified copies of this resolution to Mayor Masiello, the NFTA, the NY State Office of Parks, Recreation and Historic Preservation, the NYS Department of Environmental Conservation, the Empire State Development Corporation, the Buffalo Economic Renaissance corporation, and the Western New York State Legislature Delegation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BUFFALO ECONOMIC RENAISSANCE CORPORATION. NO. 135 BY: MRS. LOTEMPIO AND MS. GRAY BMHA SENIOR HOUSING Whereas: In the early 1980's, the US Department of Housing and Urban Development (HUD) promulgated regulations that made young disabled and handicapped individuals eligible for public housing in Senior Citizen complexes; and Whereas: These regulations were changed in 1998 because of problems caused by the differences in lifestyle between the Senior Citizens and the disabled and handicapped youth; and Whereas: The LBJ Apartments have subsequently been designated an elderly development and it was stipulated that existing young disabled persons would be offered a transfer to other non-elderly sites, with the BMHA paying the transfer costs; and Now, Therefore, Be It Resolved That: This Common Council requests the BMHA to file a report detailing the number of young disabled persons who are still living in designated BMHA elderly housing, along with a description of the efforts that have been made to assist them in moving to non-elderly BMHA housing. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 136 By: Mrs. LoTempio and Ms. Gray TRAVEL EXPENSES AT BUFFALO MUNICIPAL HOUSING AUTHORITY Whereas: Concerns have been raised over travel-related expenses at the Buffalo Municipal Housing Authority; and Page 55 99-1116.txt Whereas: The "Travel Committee" agenda item at BMHA board meetings is regularly the single largest section, with out of town trips routinely being approved for the same people. Additionally, seminars and conferences are authorized on a regular basis; and Whereas: Questions have been raised about the frequency of these expenses at a time when budgets are getting tighter and tighter; and Now, Therefore, Be It Resolved: That this Common Council requests the Buffalo Municipal Housing Authority to provide a report on travel expenses for BMHA employees, detailing how many out of town, and overnight meetings have been authorized over the past two years, at what cost, and listing the changes at BMHA that have been implemented as a result of these travel events; and Be It Further Resolved: That the BMHA file the report with the City Clerks office no later than 2:00 PM, Wednesday, November 24, 1999. Be it Finally Resolved: That a certified copy of this resolution be sent to the Executive Director of the Buffalo Municipal Housing Authority. REFERRED TO THE COMMITTEE ON LEGISLATON AND THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 137 By: Mrs. LoTempio CITY PROPERTY AND ENVIRONMENTAL PROBLEMS Whereas: Because Buffalo is an industrial city with a transitional economy, an unusually high percentage of the City's available land is either contaminated or of unknown environmental quality; and Whereas: The City has run into frequent unpleasant surprises when contamination has interfered with City sponsored developments; and Whereas: A few recent examples include the Abby Street housing project, Franczyk Park, the A Street hazardous waste site next to the Waterfront School, and the contamination and underground storage tank found while building the new downtown police station; and Whereas: All City agencies dealing with property acquisition and development need to be working from a coherent policy which protects the City, the environment and the citizens while providing a predictable and level playing field for developments; Now, Therefore, Be It Resolved That: This Common Council requests the Divisions of Planning and Real Estate, the Office for the Environment, the Buffalo Environmental Management Commission, BURA, BNRC, BERC, BMHA and the Board of Education to file with the City Clerk copies of any policies they have developed that protect the City of Buffalo and/or their agency from environmental problems in the acquisition and development of property; and Be It Further Resolved That: In addition, this Council is looking for suggestions on developing a process that would give the City a comprehensive record of the environmental history of sites as they are considered for development. ADOPT FINAL RESOLVE REST TO COMIUNITY DEVELOPMENT. Page 56 99-1116.txt NO. 138 By: Mr. Manley and Mrs. LoTempio TRANSFER OWNERSHIP OF UNION SHIP CANAL PROPERTIES Whereas: Development Downtown Inc. (DDI) is aggressively moving forward with redevelopment plans for the Union Ship Canal area; and Whereas: To facilitate redevelopment of the Union Ship Canal area, DDI wishes to acquire two properties located in the Union Ship Canal area known as 2 and 4 Fuhrman Boulevard, which are presently owned by the City of Buffalo; and Whereas: The Union Ship Canal area contains industrial-generated fill with heavy metals present, which for any future beneficial use will require clean up estimated at $3 million; and Whereas: DDI was designated Lead Agency Status by this Common Council on September 7, 1999, to completed the project environmental impact statement and lead project redevelopment; and Whereas: DDI is halfway through completion of the environmental impact statement; Phase II testing has been completed and voluntary clean up plan prepared; and application for a permit to remove the industrial-generated fill with heavy metals present has been submitted to the New York State Department of Environmental Conservation (DEC), and Whereas: By Spring, 2000, DDI and Buffalo Economic Renaissance Corporation (BERC) will have spent $500,000 on environment testing, planning, and engineering services; and Whereas: As the current owner of 2 and 4 Fuhrman Boulevard, the City of Buffalo is potentially liable for conditions on this property; and Whereas: Upon transfer to DDI, the property would be immediately secured, clean up would commence with DEC approval, and the City would be removed from the potential liability it now holds as current owner of the properties; and Whereas: As the voluntary clean up estimated at $3 million is necessary to restore the property to productive use, and DDI and BERC will have spent $500,000 by Spring, 2000, Development Downtown Inc. respectfully requests transfer of the properties in question by quitclaim deed; and Now therefore be it resolved that This Common Council approves the transfer of 2 and 4 Fuhrman Boulevard to Development Downtown Inc. by quitclaim deed to facilitate clean up of these properties and to allow DDI to move forward with its aggressive redevelopment plans for tile Union Ship Canal area on the condition that DDI provide the City with General Releases pertaining to 2 and 4 Fuhrman Boulevard and agrees not to seek a contribution from the City for any environmental claims related to the property, and Be it further resolved that The Mayor be, and he hereby is authorized to execute the quitclaim deed for the transfer 2 and 4 Fuhrman Boulevard. PASSED. AYES-13. NOES-0. NO. 139 BY: Mr. Pitts HANDICAPPED ACCESSIBLE BATHROOMS - PUBLIC ACCESS TV SITE Page 57 99-1116.txt Whereas: The City's Public Access TV operator, BNN, operates from the Langston Hughes Institute located at 25 High St.; and Whereas: Accommodations have been made to the facility to allow for public access to function at this site, with office space, editing suites and a studio in place, and Whereas: However, in order to comply with Americans with Disabilities Act (ADA) requirements and allow it to be used by the public, the facility needs to construct handicapped accessible toilet rooms for men and women, and Whereas: Architect Robert Coles has designed the necessary renovations and bid out the work, Now, Therefore Be It Resolved: That this Common Council authorize an expenditure not to exceed $34,000 for the construction of handicapped accessible bathroom facilities at the Langston Hughes Institute, as verified by the Comptroller's Office, and Be It Further Resolved: That this expenditure utilize money from the Public Access TV Trust & Agency Account funded by the cable company. PASSED. AYES-13. NOES-0. NO. 140 By: Mr. Pitts MFS TELECOM OF BUFFALO INTERIM AGREEMENT EXTENSION Whereas: MFS Telecom of Buffalo (MFS) has been operating a telecommunications system in the City pursuant to an Interim Agreement, and Whereas: There have been various Amendments to the Interim Agreement to allow MFS to continue their operation in the City; and Whereas: The Council recently amended the Agreement to extend until December 1, 1999; and Whereas: The construction work being done by MFS should be done by the end of the year, yet their construction permits expire at the end of November, and Whereas: MFS has asked the City to extend their permits and the Interim Agreement until the end of the year, so they finish their work without disruption; and Whereas: The Department of Public Works, the Office of Telecommunications and the Law Department have no objections to extending the Agreement, Now Therefore Be It Resolved: That the Common Council does hereby authorize the Mayor to execute the Amendment to the Interim Agreement with NWS Telecom of Buffalo for a period extending to December 31, 1999. PASSED. AYES-13. NOES-0. NO. 141 By: Mr. Pitts and Mr. Brown APPOINT CHARLEY H. FISHER, III, TO VACANT COUNCILMEMBER-AT-LARGE SEAT Whereas: Charley H. Fisher, 111, was one of three winners of the November 2, 1999, election for City of Buffalo Councilmember-At-Large; and Whereas: Former Councilmember-At-Large Barbra Kavanaugh relinquished her seat before her term expired to accept a position with the New York State Attorney General in January 1999; and Page 58 99-1116.txt Whereas: The Council never appointed a replacement, leaving the seat vacant to this day; and Whereas: The only newly elected At-Large Councilmember was Charley H. Fisher, III, whose vast public experience and vision for the City of Buffalo sealed his election bid; and Whereas: It is appropriate that the Councilmember-At-Large seat now be filled with the person who was chosen by the voters for this seat; and Whereas: Councilmember Elect Charley H. Fisher, III, eagerly awaits the official start in his new position and duty. It is fitting that, since the opportunity exists, he and this Council seize the opportunity to fill Barbra Kavanaugh's vacated seat, Now, Therefore, Be It Resolved: That this Common Council appoint Charley H. Fisher, III, to the currently vacant Councilmember-At-Large seat for the remainder of this year, before be fills the post on January 1, 2000. ADOPTED. AYES-12. NOES-0. NO. 142 By: Messrs. Pitts, Brown, Coppola, Fontana, Franczyk, Helfer, Manley, Quintana, Zuchlewski and Mrs. LoTempio, Mrs. Miller-Williams, and Ms. Gray URGE REAUTHORIZATION OF THE OLDER AMERICANS ACT Whereas: The Older Americans Act (OAA) provides funding for vital services to millions of older adults across the nation; and Whereas: For more than 20 years, the OAA has funded a system of programs targeted at keeping mature adults living independently in the community for as long as possible; and Whereas: Meals on Wheels, a great example of an OAA program, enlists volunteers to provide two meals a day to 1600 elders in Erie County; and Whereas: In spite of a strong volunteer effort, there is still a waiting list of 140 individuals for the Meals on Wheels service; and Whereas: Funding for the OAA programs has been woefully inadequate to meet the needs of a growing elderly population; Now, Therefore, Be It Resolved That: This Common Council urges the immediate reauthorization of the Older Americans Act with a minimum increase of 5% in funding for the OAA programs; and Be It Further Resolved That: The City Clerk be directed to send certified copies of this resolution to the Western New York Congressional delegation, to the Speaker of the House, the Senate Majority Leader, to President Clinton, and to Michael S. Radecke, Chairman of the Board of Directors of Meals on Wheels of Buffalo and Erie County, Inc. ADOPTED. NO. 142 By Mr. Zuchlewski FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for EUNICE D. JENKINS JACKSON By Councilmember JAMES PITTS, CHARLES MTCHAUX Page 59 99-1116.txt III Felicitation for BETTY GRIFFITH By Councilmember JAMES PITTS, CHARLES MICHAUX III ADOPTED. NO. 144 By: Mr. Zuchlewski APPOINTMENTS COMMISSIONER OF DEEDS REQUIRED-PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for tile term ending December 31 2000 , conditional upon tile person so appointed certifying, under oath, to their qualifications and filing same with tile City Clerk: MARIA CAVALIERI CHARLEY H.FISHER,III JEREMT C.TOTH JODY M.BUCK TINA M.BETHEA ADOPTED. NO. 145 By: Mr. Zuchlewski APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2000 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: LAWRENCE A. GRISANTI JOHN J. DISTEFANO CAROL BOALS ADOPTED. UNFINISHED BUSINESS NO. 146 BOND RESOLUTION-$ 500,000 BONDS-ROOF REPLACEMENT-VAR. SCHOOLS (#121-C.C.P., NOV. 3, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Brown. CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Coppola PASSED. AYES-13. NOES-0. NO. 147 BOND RESOLUTION-$ 1,000,000 HANDICAPPED ACCESS (VARIOUS) (#122-C.C.P., NOV. 3, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Brown.. CARRIED. Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Coppola PASSED AYES-13. NOES-0. Page 60 99-1116.txt NO. 148 BOND RESOLUTION-$ 1,000,000 IMPROVEMENTS-ELECTRICAL (#123-C.C.P., NOV. 3, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Brown. CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Coppola PASSED. AYES-13. NOES-0. NO. 149 BOND RESOLUTION-$ 1,000,000 RECONST.-BVTC (#124-C.C.P., NOV. 3, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Brown CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Coppola. PASSED. AYES-13. NOES-0. NO. 150 BOND RESOLUTION-$ 1,000,000 RECONST.-VAR. SCHOOLS (#125-C.C.P., NOV. 3, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Brown CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Coppola PASSED AYES-13. NOES-0. NO. 151 BOND RESOLUTION- $1,500,000 TELECOMMUNICATIONS IMPROVEMENTS (#126-C.C.P., NOV. 3, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Brown. CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Coppola PASSED AYES-13. NOES-0. NO. 152 BOND RESOLUTION-$1,800,000 WINDOW REPLACEMENT-VAR. (#127-C.C.P., NOV. 3, 1999) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Brown. CARRlED Mrs. LoTempio now made a motion to approve said item. Seconded by Me. Coppola. PASSED. AYES-13. NOES-0. NO. 153 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13 1h Floor, City Hall, Buffalo, Page 61 99-1116.txt New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, Nov. 23, 1999 at 9:30 o'clock A.M. Committee on Finance Tuesday, Nov. 23, 1999 following Civil Service Committee on Legislation Tuesday, Nov. 23, 1999 at 2:00 o'clock P.M. Committee on Comm. Dev Wednesday, Nov. 24, 1999 at 10: 00 o'clock A. M. Committee on Education Wednesday, Nov. 24, 1999 at 2:00 o'clock P.M. Ancillary Meelings Police Oversight Committee Wednesday, November 17, 1999 at 10:00 o'clock A.M. Superspan Task Force Friday, November 19, 1999 at 2:00 o'clock P.M.-Room 1417 Taylor Law Impasse Committee Monday, November 22, 1999 at 9:00 o'clock A.M. NO.154 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 3:37 PM. CHARLES L. MICHAUX, III CITY CLERK I Page 62